Free One Liner Notes · Jurisprudence One Liner Notes

Jurisprudence One Liner Notes

224 min read

Download Jurisprudence One Liner Notes PDF

Also Explore:

There are 3 Sets of MCQs available for Law of Torts, you are advised to explore all the sets :

Jurisprudence Set -1
Jurisprudence Set -2
Jurisprudence Set -3

JURISPRUDENCE

DEFINITION AND HISTORY
From which Latin word is the term jurisprudence derived?	Jurisprudentia.
What does the Latin word jurisprudentia mean in its widest sense?	Knowledge of law.
What does the Latin word “juris” mean?	Law.
What does the Latin word “prudentia” mean?	Skill or knowledge.
What does jurisprudence signify?	Knowledge of law and its application.
What does jurisprudence cover in its sense?	The whole body of legal principle in the world.

DEFINITIONS
According to Ulpian, what is jurisprudence?	The observation of things human and divine, the knowledge of just and the unjust.
According to Professor Grey, what is jurisprudence?	The science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in such rules.
According to Professor Grey, what does jurisprudence regulate?	External human conduct in society.
According to Professor Grey, what does jurisprudence not concern itself with?	The inner beliefs of man.
According to Salmond, what is jurisprudence?	The science of the first principles of civil law.
According to John Austin, what is jurisprudence?	The philosophy of positive law.
According to John Austin, what is meant by positive law?	Law laid down by a political superior for commanding obedience from his subjects.
According to Sir Holland, what is jurisprudence?	The formal science of positive law.
Why is jurisprudence called a formal science according to Sir Holland?	Because it deals not with concrete details but only with the fundamental principles underlying them.

HISTORY OF JURISPRUDENCE
Into how many phases is the development of jurisprudence divided?	Three phases.
What are the three phases of development of jurisprudence?	Pre-Roman period, Roman period, and post-Roman period.
What is the first phase in the development of jurisprudence?	Pre-Roman period.
What is the status of jurisprudence in the pre-Roman period?	It is not recognized as a separate subject of study and is treated as part of philosophy.
What was developed by Greeks in the pre-Roman period?	Jus naturale.
What does jus naturale represent?	Law of morality, ethics, etc.
What does jus naturale indicate about religion and law?	There is no difference between religion and law.
What principle originated from the Greek concept of jus naturale?	Principle of equity.
What is the second stage in the development of jurisprudence?	Roman period.
In which period was the term jurisprudence first used?	Roman period.
Who first used the term jurisprudence?	Romans.
What did the Romans provide to jurisprudence?	Separate existence.
According to Cicero, what should be the study of law should be separated from what?	Philosophy.
What did the Cicero said about jurisprudence in the roman period?	The Jurisprudence is the philosophical aspect of knowledge of law.
What is the third stage in the development of jurisprudence?	Post-Roman period.
Who re-established jurisprudence as a branch of religious philosophy in the medieval ages?	Saint Thomas Aquinas.
What was the status of jurisprudence in the medieval ages?	It was re-established as a branch of religious philosophy.
What development took place in the 16th century regarding law and religion?	Scholars attempted to remove law from religion.
What was rejected by scholars in the 16th century?	Orthodox rules of Pope and churches as absolute.
What was the result of rejecting orthodox religious rules?	Rulers or kings got the power to make laws.
Who emphasized the importance of international law in the 17th century?	Grotius.
Which book was written by Thomas Hobbes?	Leviathan.
What did Thomas Hobbes state regarding law?	Order of state is a law and it is the duty of citizens to obey it.
Who was inspired by Thomas Hobbes?	Austin.
In which century did the natural law school flourish?	18th century.
According to Blackstone, what is natural law equivalent to?	Divine law.
According to Blackstone, what is the status of natural law?	It is superior to all laws.
Who criticized the view of Blackstone?	Bentham.
What was the view of Bentham regarding law?	Law approved by the state is binding on citizens whether natural or otherwise.
What was the effect of Bentham’s view on jurisprudence?	Science of law got freedom from the bonds of religious philosophy.
According to Bentham, what is an important part of jurisprudence?	Legislation.
What concept of law was established by Austin?	Positive law.
What is positive law according to Austin?	Law is the command of the sovereign.
Who propounded the pure theory of law?	Kelsen.
What did Kelsen reject?	Command theory of Austin.
What was the result of developments in the post-Roman period?	Different ideologies and schools flourished.

TYPES OF JURISPRUDENCE
On what basis has the classification of jurisprudence been approached by various jurists?	Their understanding of the nature, scope and purpose of law.
Into how many types did John Austin divide jurisprudence?	Two types.
What are the types of jurisprudence according to John Austin?	General jurisprudence and particular jurisprudence.
What is general jurisprudence according to John Austin?	It is concerned with fundamental principles and notions of law common to all legal systems.
What does general jurisprudence seek to analyse?	Abstract concepts such as rights, duties, sovereignty and sanctions.
What is the nature of general jurisprudence?	Universal and not confined to any particular legal system.
What is particular jurisprudence according to John Austin?	It is the study of the actual legal system of a specific state.
What does particular jurisprudence deal with?	Concrete rules, doctrines and institutions operating within a specific legal system.
Give examples of legal systems studied under particular jurisprudence.	Indian or English legal system.
What is the nature of general jurisprudence in comparison to particular jurisprudence?	General jurisprudence is theoretical and comparative.
What is the nature of particular jurisprudence?	Practical and system-specific.
What is the main criticism of Austin’s classification of jurisprudence?	It is too rigid and overly positivist.
Why is Austin’s classification considered overly positivist?	It tends to ignore the role of morality and social context in shaping law.
Who provided a comprehensive classification of jurisprudence into three schools?	John Salmond.
Into how many schools did Salmond classify jurisprudence?	Three schools.
What are the schools of jurisprudence according to Salmond?	Analytical school, historical school and ethical school.
What does the analytical school of jurisprudence examine?	Law as it exists.
On what aspects does the analytical school focus?	Structure, concepts and formal sources of law.
By whom is the analytical school largely influenced?	Austin.
How does the analytical school regard law?	As a command of the sovereign backed by sanctions.
What does the analytical school exclude from its scope?	Moral considerations.
What is the main emphasis of the historical school of jurisprudence?	Law is the outcome of gradual social development.
According to the historical school, is law a result of deliberate legislation?	No, it is not the result of arbitrary or deliberate legislation.
In what is law rooted according to the historical school?	Customs, traditions and consciousness of the people.
Who advocated the concept of Volksgeist?	Friedrich Carl von Savigny.
What does the concept of Volksgeist signify?	Law is based on the spirit of the people.
What is the alternative name of the ethical school?	Natural law school.
What approach does the ethical school follow?	Normative approach.
What does the ethical school assert regarding law?	Law must conform to principles of justice, morality and reason.
Who argued that an unjust law cannot be considered true law?	Thomas Aquinas.
What is the basis of legal validity according to the ethical school?	Moral legitimacy.
What perspectives on law are reflected in Salmond’s classification?	Law as a command, as a social phenomenon, and as a moral ideal.
What is the subject matter of Bentham’s classification of jurisprudence?	Division of jurisprudence into expository and censorial jurisprudence.
From what standpoint did Jeremy Bentham approach jurisprudence?	Functional standpoint.
Into how many types did Bentham divide jurisprudence?	Two types.
What are the types of jurisprudence according to Bentham?	Expository (or expositorial) and censorial jurisprudence.
What is expository jurisprudence?	Study and systematic arrangement of law as it actually exists in a given society.
What is the objective of expository jurisprudence?	To describe, analyse and clarify existing legal rules without judging their merit or demerit.
What is the nature of expository jurisprudence?	Descriptive in character.
What is censorial jurisprudence?	Critical evaluation of law in the light of certain standards.
On what principle is censorial jurisprudence based?	Principle of utility.
Who propounded the principle of utility?	Jeremy Bentham.
What does censorial jurisprudence seek to determine?	What the law ought to be.
On what basis does censorial jurisprudence evaluate laws?	Whether laws promote the greatest happiness of the greatest number.
What is the nature of censorial jurisprudence?	Normative and reform-oriented.
What is the aim of censorial jurisprudence?	Improving the legal system.
What does Austin’s classification of jurisprudence highlight?	Structural and scope-based aspects of legal study.
What does Salmond’s classification of jurisprudence reflect?	Philosophical foundations and sources of law.
What does Bentham’s classification of jurisprudence emphasis?	Descriptive and evaluative functions of jurisprudence.
What overall understanding is provided by these classifications?	Law as a system of rules, a product of social evolution, and an instrument for achieving justice and social welfare.

SCHOOLS OF JURISPRUDENCE
ANALYTICAL SCHOOL
What is the status of the Analytical School in jurisprudence?	It is one of the most prominent schools of legal thought and occupies a central place in modern jurisprudence.
By what other names is the Analytical School of Jurisprudence known?	Imperative School, Positive School and Austinian School.
What is the fundamental object of the Analytical School?	To analyse law in its existing form and study it as it actually operates in society.
With what are the jurists of the Analytical School not concerned?	Historical origin of law and speculative notions regarding what law ought to be.
On what do the jurists of the Analytical School confine themselves?	Examination of law as it is.
Why is the Analytical School called the Positive School of Law?	Because it deals with law laid down by a political superior as it actually exists, which is called as positus.
What is the meaning of the term positus?	Laid down.
Why is the Analytical School also termed the Austinian School?	Because John Austin gave a systematic and scientific exposition to this theory.
Who is regarded as the father of analytical or positive thought?	John Austin.
Who laid the true intellectual foundation of the Analytical School earlier than Austin?	Jeremy Bentham.
What movement was initiated by Jeremy Bentham in England?	Rational and scientific study of law.
What is one of the most significant features of the Analytical School?	Its close relationship with the State.
From where does law derive its authority according to the Analytical School?	Sovereign power of the State.
On what does the validity of law depend according to the Analytical School?	Recognition and enforcement by the political superior.
On what does the validity of law not depend according to the Analytical School?	Morality, custom or religion.

FIRST PROPONENT OF ANALYTICAL SCHOOL- JEREMY BENTHAM (1748-1832)
Who is generally considered the founder of modern legal positivism?	Jeremy Bentham.
Who is regarded as the earliest exponent of analytical jurisprudence?	Jeremy Bentham.
During which years did Jeremy Bentham live?	1748–1832.
What was the condition of the English legal system during Bentham’s time?	Highly unsystematic, uncertain and lacking in definite guiding principles.
According to Bentham, how had English law developed?	Out of occasions, emergencies and scattered judicial decisions.
What was the result of the haphazard growth of English law according to Bentham?	Law became technical, obscure and inaccessible to common people.
What did Bentham consider necessary for meaningful reform in substantive law?	Careful analysis of the entire legal structure.
How should law be framed according to Bentham?	Consciously framed, arranged and codified in a rational manner.
What distinction was made by Bentham in jurisprudence?	Expository jurisprudence and censorial jurisprudence.
What does expository jurisprudence deal with according to Bentham?	Law as it actually exists.
What does censorial jurisprudence deal with according to Bentham?	Critical examination of law to determine what law ought to be.
What did Bentham emphasise through the distinction between expository and censorial jurisprudence?	Law must first be scientifically understood and then critically improved.
Which economic doctrine was supported by Bentham?	Doctrine of laissez-faire.
What does the doctrine of laissez-faire advocate?	Minimum interference of the State in the economic affairs of individuals.
Why did Bentham oppose excessive governmental control?	Because it hampers individual liberty and economic efficiency.
Which theory dominated Bentham’s broader legal philosophy?	Theory of Utilitarianism.
What should be the ultimate aim of legislation and government according to Bentham?	Greatest happiness of the greatest number.
On what touchstone must every law be tested according to Bentham?	Utility.
What is meant by utility according to Bentham?	Whether law increases pleasure and reduces pain in society.
Why is Bentham’s utilitarian doctrine also described as the Theory of Hedonism?	Because he judged all human conduct and legislation by pleasure and pain.
What four principal objectives were laid down by Bentham for every sound legal system?	Subsistence, abundance, equality and security.
What is meant by subsistence according to Bentham?	Minimum resources necessary for human survival.
What is meant by abundance according to Bentham?	Material prosperity and economic plenty.
What is meant by equality according to Bentham?	Fair treatment and balanced social relations.
What is meant by security according to Bentham?	Protection of life, liberty and property.
To which right did Bentham attach special significance?	Right to property.
Why did Bentham attach special significance to property rights?	Because without property rights neither security nor social welfare can be maintained.
Which theory was rejected by Bentham?	Natural Law theory.
Why did Bentham reject Natural Law theory?	Because he did not accept that law derives validity from divine command, reason or abstract morality.
On what basis must law be judged according to Bentham?	Practical usefulness.
Why was Bentham critical of judge-made law?	Because it is uncertain, retrospective and dependent on the personal discretion of judges.
What kind of law did Bentham advocate?	Codified legislation enacted by the sovereign in clear and precise terms.
Why did Bentham advocate codified legislation?	So that law may become certain, uniform and easily accessible.
In which famous work are Bentham’s analytical and positivist ideas comprehensively reflected?	The Limits of Jurisprudence Defined.
What foundation was laid by Bentham through The Limits of Jurisprudence Defined?	Philosophical foundation of the Positive School.

CRITICISM OF JEREMY BENTHAM ANALYTICAL JURISPRUDENCE
What is the subject matter of the criticism of Jeremy Bentham?	Criticisms of Bentham’s analytical jurisprudence and legal positivism.
Despite his contribution, to what has Jeremy Bentham been subjected?	Several criticisms.
What is the foremost criticism against Bentham’s philosophy?	It creates an imbalance between materialism and idealism.
On what basis did Bentham evaluate law?	Utility, pleasure and pain.
What excessive importance did Bentham give in his theory?	Material welfare and physical satisfaction.
What did Bentham overlook by emphasising utility and pleasure?	Higher moral, ethical and spiritual ideals.
What values are also expected to be upheld by law apart from material happiness?	Dignity, conscience, justice and moral duty.
Why is Bentham’s utilitarian approach criticised as materialistic?	Because it reduces jurisprudence to a purely materialistic calculation.
What is another important criticism against Bentham?	He failed to maintain proper balance between individual interest and community interest.
What principle was advocated by Bentham regarding welfare?	Greatest happiness of the greatest number.
What does Bentham’s theory inadequately explain regarding minorities?	Protection of rights of minorities or individuals when they conflict with majority welfare.
What may Bentham’s doctrine result in by giving primacy to collective utility?	Sacrifice of individual liberty and personal rights.
What does modern constitutionalism recognise regarding individual dignity and freedoms?	They cannot always be subordinated to the convenience of the majority.
What view of human nature is Bentham criticised for adopting?	Excessively mechanical view.
What was Bentham’s assumption regarding human actions?	All human actions are governed solely by desire for pleasure and avoidance of pain.
Why is Bentham’s assumption regarding human conduct considered narrow?	Because human conduct is also inspired by morality, affection, duty, honour and sacrifice.
Why does the theory of pleasure and pain not furnish a complete basis for legal philosophy?	Because it cannot fully explain all motives of human conduct.
Which theories of Bentham regarding sources of law have been questioned?	Rejection of Natural Law and criticism of judge-made law.
What character did Bentham give to law by excluding morality?	Purely command-oriented character.
From where do actual legal systems derive much of their legitimacy?	Ethical principles and judicial creativity.
What fact was ignored by Bentham in distrusting judicial law-making?	Judges often fill gaps in legislation and adapt legal principles to changing social needs.
What valuable services were rendered by Bentham to legal study?	Introduction of scientific analysis, codification and utility.
What are the major defects in Bentham’s theory?	Overemphasis on material happiness and insufficient recognition of moral ideals and individual rights.
How is Bentham ultimately regarded in jurisprudence?	A great reformer, but not a complete philosopher of justice.

SECOND PROPONENT OF ANALYTICAL SCHOOL - JOHN AUSTIN (1790-1859)
What is the subject matter of John Austin in Analytical School of Jurisprudence?	John Austin’s contribution and theory under Analytical Positivism.
What position does John Austin occupy in modern jurisprudence?	A pre-eminent position.
Who is widely regarded as the father of English Jurisprudence?	John Austin.
Who gave the Analytical School a systematic, scientific and coherent form?	John Austin.
By whose intellectual foundation was the Analytical School originally laid?	Jeremy Bentham.
By what was Austin deeply impressed?	Scientific treatment and logical arrangement of Roman law.
What method did Austin seek to introduce in English law?	Similar scientific method of legal exposition as Roman law.
What was the condition of English law during Austin’s time?	Marked by uncertainty, technicality and lack of conceptual clarity.
By what name did Austin’s school come to be known?	Analytical Positivism.
Why was Austin’s school called Analytical Positivism?	Because of his insistence on precise legal analysis and emphasis on positive law.
In which celebrated work are Austin’s jurisprudential ideas chiefly contained?	The Province of Jurisprudence Determined.
Which work of Austin is considered a foundational text of legal positivism?	The Province of Jurisprudence Determined.
Which other important work was authored by Austin?	A Plea for the Constitution.
As a reply to whose essay was A Plea for the Constitution written?	Gray’s essay on parliamentary government.
By whom was Austin profoundly influenced?	Thomas Hobbes.
Regarding which notions was Austin influenced by Hobbes?	Sovereignty, political superiority and obedience.
How did Austin view the State like Hobbes?	As the supreme authority from which all valid law emanates.
With what should jurisprudence concern itself according to Austin?	Positive law only.
What is meant by positive law according to Austin?	Law properly so called.
What did Austin mean by law properly so called?	Rules laid down by a determinate political superior for political inferiors and backed by sanctions.
Which laws alone possess legal force and binding authority according to Austin?	Positive laws.
From what did Austin distinguish positive laws?	Morals, customs, conventions and other social rules.
What did Austin call morals, customs, conventions and other social rules?	Laws improperly so called.
Why are morals and customs called laws improperly so called?	Because they regulate conduct but do not derive authority from sovereign command.
What distinction was drawn by Austin regarding law?	Sharp line between law in strict legal sense and other normative rules.
How did Austin define law?	A rule laid down for the guidance of an intelligent being by an intelligent being having power over him.
What conception of law is revealed by Austin’s definition?	Command-oriented conception.
What is the first essential element of every law according to Austin?	Command issued by a sovereign.
What is the second essential element of every law according to Austin?	Duty imposed upon the person addressed.
What is the third essential element of every law according to Austin?	Sanction or evil consequence in case of non-compliance.
What is law according to Austin apart from moral request or social expectation?	A binding command enforceable through coercive power of the State.
What is one of Austin’s most significant contributions?	Complete separation of positive law from positive morality.
What is included in positive morality according to Austin?	Customs, social usages, international obligations and ethical norms.
Why did Austin refuse to treat positive morality as law?	Because it is not enacted by a sovereign political authority.
What was Austin’s view regarding International Law?	It is merely positive morality.
Why did Austin treat International Law as positive morality?	Because it is not imposed by a determinate sovereign and lacks effective sanction.
On what is obedience to international norms based according to Austin?	Moral persuasion, mutual convenience or diplomatic pressure.
What doctrine was firmly advocated by Austin regarding law and morality?	Separation of law and morality.
On what does the validity of law depend according to Austin?	Issuance by sovereign authority and enforceability by sanction.
On what does the validity of law not depend according to Austin?	Whether it is just, reasonable or moral.
What distinction did Austin make regarding existence and morality of law?	Whether law exists is different from whether it deserves moral approval.
What scientific character was given to analytical jurisprudence by Austin?	Confining legal study to ascertainable facts rather than ethical speculations.
Into what did Austin transform jurisprudence?	Disciplined analysis of legal concepts.
Which legal concepts became the focus of Austin’s jurisprudence?	Sovereignty, command, duty and sanction.
From what to what did Austin shift the focus of legal study?	From historical customs and moral ideals to formal structure of State-made law.
How is Austin regarded in the Analytical or Positive School?	Principal architect of the Analytical or Positive School.
What influence did Austin exert on later jurists?	Profound influence on later legal positivists.

IMPERATIVE THEORY OF LAW
By what other names is Austin’s definition of law popularly known?	Imperative Theory of Law or Command Theory of Law.
How did Austin conceive law?	As an expression of the will of the sovereign.
According to Austin, what is the nature of every law?	It is in the nature of a command.
What is Austin’s famous proposition regarding law?	Law is the command of the sovereign imposing a duty and enforced by sanction.
Into how many indispensable elements did Austin reduce positive law?	Four elements.
What are the four indispensable elements of Austin’s positive law?	Command, duty, sanction and sovereignty.
What is the first element of Austin’s theory of law?	Command.
What is a command according to Austin?	Expression of desire by a superior that an inferior shall do or abstain from doing a particular act.
Is a command a mere request or advice according to Austin?	No, it is a binding direction backed by power to compel obedience.
What is the second element of Austin’s theory of law?	Duty.
What constitutes duty according to Austin?	Legal obligation to obey a command issued by a political superior.
What is the relation between command and duty according to Austin?	Duty is the correlative of command.
What is the third element of Austin’s theory of law?	Sanction.
What is sanction according to Austin?	Evil consequence or punishment following disobedience.
Why is sanction called the essence of enforceability?	Because it compels compliance and gives law its binding character.
What is the fourth and most crucial element of Austin’s theory?	Sovereignty.
Who is the sovereign according to Austin?	A determinate human superior habitually obeyed by the bulk of society and not habitually obeying any other earthly superior.
From where does law derive its validity according to Austin?	Sovereign authority alone.
What is law according to the combined effect of Austin’s four elements?	Command of the sovereign directed towards subjects, creating duty and supported by sanctions.
What orientation was given to jurisprudence by Austin’s theory?	Strict analytical and positivist orientation.
What did Austin’s theory exclude from the legal concept?	Morality, religion and social customs.

CRITICISM OF AUSTIN THEORY
What is the first criticism against Austin’s theory?	It is excessively rigid and mechanical.
Why is Austin’s theory called rigid and mechanical?	Because it ignores the ethical content of law.
Who pointed out that law cannot be understood merely as sovereign command?	John Salmond.
According to Salmond, what must law also embody?	Justice, ethics and reasonableness.
What did Lon L. Fuller observe regarding law against popular will?	Such law is bound to be short-lived.
Why did Fuller consider social acceptance essential?	Because it is an essential ingredient of legal endurance.
What is the second major criticism of Austin’s doctrine?	It paves the way for authoritarianism.
Who argued that Austin’s theory may legitimise despotic regimes?	Gustav Radbruch.
Why may Austin’s theory legitimise despotic commands?	Because it accepts sovereign command irrespective of justice.
What constitutional idea is inconsistent with blind acceptance of sovereign command?	Rule of law.
What serious defect regarding sources of law exists in Austin’s theory?	It overlooks the role of custom.
Why is Austin’s theory defective regarding custom?	Because much law originates from long-established customs and social practices.
Give examples of law arising from social acceptance rather than sovereign command.	Personal laws, mercantile customs and constitutional conventions.
What judicial role is ignored by Austin’s theory?	Judge-made law.
What do judges do apart from applying pre-existing commands?	Interpret, expand and sometimes create legal principles through precedents.
Which jurists emphasised the creative role of judicial decisions?	John Salmond and John Chipman Gray.
Why is Austin’s command theory too narrow regarding judicial function?	Because it is too legislative in outlook.
Who compared Austin’s theory to the command of a gunman?	H.L.A. Hart.
Why did Hart criticise Austin’s command plus sanction formula?	Because commands backed by threats alone do not amount to law.
How did Hart describe law instead of mere coercive order?	A normative system accepted by society through institutional rules.
How did Austin classify International Law?	As merely positive morality.
Why did Austin deny International Law the status of law?	Because it is not issued by a determinate sovereign.
Why is Austin’s view on International Law considered unrealistic?	Because international law is widely recognised and followed by nations.
Through what means are many rules of international law enforced?	Treaties, conventions and international institutions.
What did Austin overemphasise in his theory?	Element of command.
What did Austin neglect by overemphasising command?	Other important sources and dimensions of law.
Why can modern law not be fully described as commands?	Because it contains enabling statutes, constitutional limitations, welfare provisions and administrative regulations.
What did Austin fail to establish regarding law and morality?	Meaningful interrelationship between law and morality.
What is the modern view regarding law and morality?	They are distinct but not wholly disconnected.
Why are law and morality not wholly disconnected in modern jurisprudence?	Because moral principles inspire legislation and guide judicial interpretation.

THIRD PROPONENT OF ANALYTICAL SCHOOL- HANS KELSEN (1881–1973)
What is the subject matter of Hans Kelsen under the Analytical School?	Hans Kelsen’s Pure Theory of Law and his contribution to modern legal positivism.
What place does Hans Kelsen occupy among twentieth-century jurists?	A distinguished place.
For what is Hans Kelsen credited in jurisprudence?	Reviving and refining original analytical legal thought through the Pure Theory of Law.
What was Kelsen’s objective in contrast to earlier analytical jurists?	To free jurisprudence from all extra-legal influences and establish it as an autonomous science.
How is Kelsen’s theory regarded in modern jurisprudence?	The most sophisticated and developed form of legal positivism.
Of what considerations did Kelsen deliberately divest law?	Moral, ideal, political and sociological considerations.
With what should jurisprudence concern itself according to Kelsen?	Law as law exclusively.
With what should jurisprudence not be mixed according to Kelsen?	Ethics, religion, history, politics or social philosophy.
Why did Kelsen oppose dependence of legal study on moral or sociological factors?	Because it loses scientific purity.
What kind of science did Kelsen desire to create?	Pure science of law.
What is meant by pure science of law according to Kelsen?	Science dealing only with the normative structure of legal rules.
What was Kelsen’s objective regarding legal study?	To analyse legal validity and systematic arrangement.
Was Kelsen concerned with whether law is just or unjust?	No, he was concerned only with legal validity.
How did Kelsen regard law?	As a systematic arrangement of logical principles forming a hierarchy of norms.
Is law merely an isolated command according to Kelsen?	No, it is an organised body of interrelated norms.
From where does each lower norm derive its validity according to Kelsen?	From a higher norm.
How does the legal system function according to Kelsen?	As a pyramid or graded structure.
Upon what does the hierarchical arrangement of law ultimately rest?	A fundamental basic norm.
What term was used by Kelsen for the fundamental basic norm?	Grundnorm or basic norm.
Is the Grundnorm enacted by legislature?	No, it is not enacted by any legislature.
What is the nature of Grundnorm?	Hypothetical foundational norm from which validity of the entire legal system flows.
On what is Kelsen’s concept of positive law based?	Normative order.
On what is Kelsen’s concept of positive law not based?	Sovereign command.
Why is law positive according to Kelsen?	Because it concerns actual legal norms validly created within a legal system.
What is the central question for jurisprudence according to Kelsen?	Whether a law has been created according to the procedure laid down by a superior legal norm.
From what to what did Kelsen shift the positivist emphasis?	From command of sovereign to validity of norm within organised hierarchy.
To which school of legal thought did Hans Kelsen belong?	Vienna School of Legal Thought.
What did the Vienna School represent?	Advanced and refined branch of the Analytical School.
What was the aim of the Vienna School?	To place jurisprudence on a strictly logical and scientific foundation by excluding all non-legal elements.
What is Kelsen’s major contribution to analytical jurisprudence?	Transforming it from command theory into normative science.
How is law viewed under Kelsen’s normative science?	As a coherent structure of valid legal norms.
How did Kelsen modernise the Analytical School?	By preserving insistence on positive law while removing crude command-oriented notions.
What character was given to jurisprudence by Kelsen’s Pure Theory of Law?	More technical, hierarchical and scientific character.
How is Hans Kelsen regarded in twentieth-century legal theory?	One of the greatest legal theorists of the twentieth century.

CRITICISM OF PURE THEORY OF JURISPRUDENCE
Despite its brilliance, on what grounds has Kelsen’s Pure Theory been criticised?	On several grounds.
What is the foremost criticism against Kelsen’s Pure Theory?	Complete separation of law from morality, sociology and politics is unrealistic.
Why is Kelsen’s separation of law from social factors considered unrealistic?	Because law does not operate in isolation.
By what is law deeply influenced in actual practice?	Social needs, ethical values and political institutions.
Why is the study of law as a purely technical system considered narrow?	Because it is too artificial and detached from practical realities.
Against which concept of Kelsen is another criticism directed?	Concept of Grundnorm.
What is the Grundnorm according to Kelsen?	A hypothetical assumption.
Why is Grundnorm criticised by jurists?	Because it is not an actual enacted rule.
Why do critics say a legal system cannot rest on Grundnorm?	Because validity of law should have a concrete foundation.
Why does Grundnorm appear fictional?	Because it is incapable of further proof.
What importance did Kelsen excessively give in his theory?	Formal validity of law.
What did Kelsen ignore by emphasising formal validity?	Justice and social utility.
When is a norm law according to Kelsen?	When it is validly created in accordance with a higher norm.
What defect arises from Kelsen’s formal validity theory?	It treats even unfair or oppressive law as valid law.
Why is Kelsen’s theory called morally neutral?	Because it is incapable of judging unjust laws.
What practical distinction did Kelsen deny?	Meaningful distinction between public law and private law.
Why is Kelsen’s denial of distinction between public and private law considered impractical?	Because State authority relations differ substantially from private transactions.
What does Kelsen’s assimilation of public and private law overlook?	Practical legal differences.
What did Kelsen succeed in giving to jurisprudence?	Logical and scientific framework.
For what major defects is Kelsen’s theory criticised?	Being too abstract, excessively formal and detached from social realities.

FOURTH PROPONENT OF ANALYTICAL SCHOOL- HLA HART (1907-1992)
What is the subject matter of H.L.A. Hart in modern analytical jurisprudence?	H.L.A. Hart’s contribution and theory of primary and secondary rules.
Who was one of the most influential twentieth-century jurists in analytical jurisprudence?	H.L.A. Hart.
At which Bar did H.L.A. Hart practise?	Chancery Bar.
Where did H.L.A. Hart serve as Professor of Jurisprudence?	University of Oxford.
For what is H.L.A. Hart chiefly remembered?	Reformulating legal positivism in a realistic and socially responsive manner.
What did Hart accept from earlier analytical jurists?	Analytical method of studying law.
What did Hart reject in Austin’s theory?	Rigid and mechanical version of analytical positivism.
How did Hart differ from Austin regarding law?	He did not treat law merely as command of sovereign.
On what relationship did Hart base his theory of law?	Law, society, coercion and morality.
In which famous book are Hart’s celebrated views contained?	The Concept of Law.
How is The Concept of Law regarded in jurisprudence?	One of the foundational texts of modern jurisprudence.
How did Hart believe law should be understood?	As a social institution accepted by the community.
How did Hart describe the legal system instead of commands backed by threats?	A union of rules recognised and followed by society.
As what combination did Hart explain law?	Combination of Primary Rules and Secondary Rules.
What are Primary Rules according to Hart?	Rules imposing duties and obligations upon individuals.
What do Primary Rules prescribe?	Certain forms of conduct requiring acts to be done or abstained from.
Give examples of Primary Rules.	Criminal law, law of torts and contractual duties.
What defects would a society governed only by Primary Rules suffer from?	Uncertainty, rigidity and inefficiency.
What are Secondary Rules according to Hart?	Power-conferring rules.
Do Secondary Rules directly impose duties?	No.
What do Secondary Rules provide?	Machinery for creating, modifying, interpreting and enforcing primary rules.
Upon whom do Secondary Rules confer legal authority?	Legislatures, courts and other institutions.
Into what categories did Hart divide Secondary Rules?	Rules of recognition, rules of change and rules of adjudication.
Which is the most crucial among Hart’s Secondary Rules?	Rule of Recognition.
What is the Rule of Recognition according to Hart?	Ultimate test for identifying and accepting validity of a legal rule.
When does a law become legally binding according to Hart?	When it is recognised and accepted by officials and members of society as authoritative.
On what do recognition and enforcement of law largely depend according to Hart?	Institutional and social acceptance.
From what to what did Hart shift the emphasis in legal validity?	From mere obedience to accepted legitimacy.
What was Hart’s view regarding law and morality?	They are distinct but not absolutely separate.
Did Hart insist on absolute separation between law and morality?	No.
What did Hart say law must contain for effective functioning?	Certain minimum elements of natural law.
Which basic notions are indispensable for any legal order according to Hart?	Fairness, honesty, good faith and social coexistence.
How are law and morality related according to Hart?	Not identical but complementary and supplementary.
From where does obligatory force of legal rules arise according to Hart?	Social acceptance and internal recognition as well as coercion.
How did Hart criticise Austin’s command theory?	People do not obey law merely as they obey the threat of a gunman.
How do people accept law according to Hart?	As a standard of conduct.
What distinction did Hart draw between obligation and command?	Legal obligation creates internal sense of duty, while command compels obedience through fear.
Why does a legal obligation create internal duty according to Hart?	Because the rule is accepted as legitimate.
Why did Hart say Austin’s theory fails?	Because it does not explain the normative and institutional character of law.

CRITICISM OF HLA HART THEORY
Despite his contribution, what has Hart’s theory faced?	Several criticisms.
What is one criticism regarding Hart’s theory of law?	He gave no adequate place to legal principles.
On what did Hart mainly concentrate in his theory?	Rules.
By what are many judicial decisions guided apart from strict rules?	Broader principles of justice, fairness and policy.
Who contended that Hart underestimated the inner morality of law?	Lon L. Fuller.
What did Fuller argue law must possess?	Moral qualities such as consistency, clarity, publicity and fairness.
Why did Fuller reject Hart’s socially accepted rule system approach?	Because law cannot be treated merely as a socially accepted rule system without moral qualities.
What is another criticism regarding Hart’s relation between law and morality?	He did not fully resolve the tension between law and morality.
How does morality adjust according to critics?	Naturally with changing values of society.
What does law often require for enforcement according to critics?	External coercive force of the State.
Why is Hart’s reconciliation between law and morality said to be incomplete?	Because morality changes internally while law depends on external coercion.
What is Hart’s major contribution despite criticism?	Humanizing analytical positivism.
By linking law with what did Hart humanize analytical positivism?	Social acceptance, institutional recognition and minimum moral content.
What kind of explanation of legal systems was provided by Hart?	More flexible and realistic explanation than earlier positivists.

HISTORICAL SCHOOL
Against which schools did the Historical School emerge as a reaction?	Natural School and Analytical School.
To what did Analytical jurists attach primary importance?	Command of the sovereign and relation of law to the State.
How did Historical jurists differ from Analytical jurists regarding law?	They did not regard law as deliberate creation of political authority.
To what did Historical jurists assign primacy?	Social institutions, customs and collective life of the people.
How does law develop according to the Historical School?	Gradually within society.
How is law viewed by the Historical School instead of arbitrary command?	As an organic product growing silently and unconsciously within society.
What is the central thesis of the Historical School?	Law is a legacy of the past and a product of customs, traditions, usages, beliefs and social habits.
In what does law have its roots according to Historical jurists?	Historical experience of the people.
Why cannot law be properly understood without social reference?	Because it evolved within specific social conditions.
With what is the growth of law compared by Historical jurists?	Language, manners and institutions.
How does law grow according to the Historical School?	With the growth of society and changing needs of the people.
What is meant by the statement “law is not made, but found”?	Law is discovered in community life rather than invented by legislators.
What idea is rejected by the Historical School regarding law-making?	Law can be framed merely by abstract reason or imposed solely by sovereign will.
What does every legal system bear according to the Historical School?	Imprint of history, culture and consciousness of the people.
How is proper understanding of law possible according to Historical jurists?	By tracing its origin, gradual evolution and social acceptance.
What may legislation do according to the Historical School?	Give formal shape to law.
What is the true source of law according to the Historical School?	Long-standing customs and collective convictions of society.
How may the Historical School be described?	Social and evolutionary approach to jurisprudence.
How does the Historical School treat law?	As the natural growth of human civilisation.
What continuity is emphasised by the Historical School?	Continuity between past and present.
How is legal development considered by the Historical School?	A gradual historical process rather than sudden legislative creation.

MONTESQUIEU (1689–1755)
What is the subject matter of Montesquieu under the Historical School of Jurisprudence?	Montesquieu’s contribution to the historical method of legal study.
Who is regarded as the earliest jurist to adopt the historical method in law?	Montesquieu.
According to Sir Henry Maine, who was the first jurist of the Historical School?	Montesquieu.
By whom was the Historical School systematically developed later?	Savigny.
To whose writings can the initial philosophical foundation of the Historical School be traced?	Montesquieu.
In which celebrated work did Montesquieu express his views on law?	The Spirit of Laws.
How should law be studied according to Montesquieu?	In relation to social, geographical and cultural conditions of the people.
What theory was propounded by Montesquieu regarding law?	Theory of the national character of law.
By what should the laws of a nation be determined according to Montesquieu?	National characteristics, institutions, customs, manners and mode of life.
What does every nation possess according to Montesquieu?	Its own peculiar historical identity.
Can the legal system of one country be mechanically imposed upon another according to Montesquieu?	No.
Why cannot one nation’s law be imposed on another according to Montesquieu?	Because each nation has its own historical identity.
Is law universal in character according to Montesquieu?	No.
To what must law correspond according to Montesquieu?	Temperament, habits and circumstances of the people.
What distinctive feature marks Montesquieu’s thought regarding laws?	Laws must bear close relation to climate and local conditions.
Which factors influence the conduct of people according to Montesquieu?	Geographical environment, climate, economic conditions, religion and local situations.
What do these factors shape according to Montesquieu?	Form and content of laws.
What conclusion did Montesquieu draw regarding laws and environment?	Laws are the creation of climate and local situations.
According to Montesquieu, why must laws vary from nation to nation?	Because social and environmental conditions differ.
What may not necessarily be appropriate according to Montesquieu?	Law suitable for one nation may not suit another.
What basis was laid by Montesquieu through this approach?	Historical and comparative study of law.
How did Montesquieu view legal institutions?	Products of national life and historical circumstances.
What later development was made possible by Montesquieu’s theory?	Historical jurists treated law as an organic social growth.

EDMUND BURKE (1729-1797)
What is the subject matter of Edmund Burke under the Historical School of Jurisprudence?	Edmund Burke’s contribution to the historical understanding of law.
Who is considered an important early thinker contributing to the Historical School?	Edmund Burke.
What was Edmund Burke primarily known as?	Political philosopher.
What aspects of Burke’s thought influenced the historical understanding of law?	His views on society, institutions and gradual development.
What notion was opposed by Burke regarding legal institutions?	That legal and political institutions can be suddenly reconstructed on abstract reason or revolutionary ideals.
How did Burke describe the evolution of law?	An organic process shaped slowly and naturally through accumulated wisdom of generations.
According to Burke, is law a product of sudden legislation?	No.
According to Burke, what is law?	Expression of beliefs, faith, customs and practices of the community.
What does every society inherit according to Burke?	Certain institutions from its past.
What do inherited institutions embody according to Burke?	Collective experience and practical wisdom of the people.
What is likely to happen to a legal system ignoring historical continuity?	It is likely to fail.
Why is radical legal transformation likely to fail according to Burke?	Because it disregards tradition.
In which famous work is Burke’s historical and conservative outlook clearly reflected?	Reflections on the Revolution in France.
Which revolution was criticised by Burke in his famous work?	French Revolution.
Why did Burke criticise the French Revolution?	Because it attempted to uproot long-established institutions in the name of abstract liberty and equality.
How can stable social order be maintained according to Burke?	By allowing legal and political institutions to develop gradually in harmony with traditions and sentiments of the people.
How did Burke strengthen the historical approach to jurisprudence?	By emphasising law as a living social inheritance.
In what does the true growth of law lie according to Burke?	Continuity, custom and collective experience rather than abrupt rational reconstruction.

FREDERICK KARL VON SAVIGNY (1779–1861)
What is the subject matter of Friedrich Carl von Savigny under the Historical School?	Savigny’s Volksgeist theory and contribution to Historical School.
Who is regarded as the father of the Historical School of Jurisprudence?	Friedrich Carl von Savigny.
What position does Savigny occupy in the Historical School?	Most distinguished exponent.
What did Savigny give to the Historical School?	Systematic and philosophical foundation.
What proposition was firmly established by Savigny?	Law is not made by arbitrary will of legislator but is a natural growth from the life of the people.
By what phrase did Dr. Allen describe Savigny?	Darwinian before Darwin.
Why did Dr. Allen call Savigny Darwinian before Darwin?	Because of his evolutionary conception of legal development.
Why is Savigny called a sociologist before sociologists?	Because of his emphasis on society as the source of law.
What is the cornerstone of Savigny’s jurisprudence?	Doctrine of Volksgeist.
What is the literal meaning of Volksgeist?	Spirit of the people or popular consciousness of the nation.
What does every nation possess according to Savigny?	A distinct inner consciousness.
By what is this inner consciousness shaped according to Savigny?	History, culture, habits, beliefs, traditions and social institutions.
In what does collective consciousness manifest itself according to Savigny?	Customs and usages of the community.
From what does law gradually emerge according to Savigny?	Customs and usages.
What is the true source of law according to Savigny?	Volksgeist.
According to Savigny, law is the result of what?	General consciousness of the people.
Does law originate in sovereign command according to Savigny?	No.
Does law originate in abstract principles of reason according to Savigny?	No.
In what does law originate according to Savigny?	Common convictions, practical necessities and long-standing traditions of society.
With what did Savigny compare the development of law?	Development of language.
How does language develop according to Savigny?	Unconsciously from speech habits of the people.
How does law develop according to Savigny?	Spontaneously from social life of the people.
Where does the origin of law lie according to Savigny?	Popular spirit of the people.
What role does legislation play according to Savigny?	It gives formal recognition to what society has already accepted.
How did Savigny describe law instead of an artificial device?	A living organism.
How does law grow according to Savigny?	With the growth of society.
From where does law derive nourishment according to Savigny?	Historical experiences of the community.
Can law be abruptly imposed or transplanted according to Savigny?	No.
Why cannot law be abruptly transplanted according to Savigny?	Because it must reflect social conditions.
When does a legal system become effective according to Savigny?	When it reflects sentiments, needs and institutions of the people.
What did Savigny strongly oppose regarding law-making?	Sudden codification or arbitrary legislation unsupported by social consciousness.
Do legislators create law in the true sense according to Savigny?	No.
What do legislators do according to Savigny?	Formulate and declare principles already matured in collective life.
How is the development of law described by Savigny?	Gradual, evolutionary and historical.
From what to what did Savigny shift the focus of jurisprudence?	From State sovereignty to social consciousness.
What does Savigny’s contribution demonstrate about law?	Law is a cultural phenomenon rooted in the historical personality of the nation.

CONTRIBUTION OF SAVIGNY
What is the subject matter of the contribution of Friedrich Carl von Savigny?	Savigny’s contributions to the Historical School and legal development.
What is the major contribution of Savigny regarding legal development?	Evolutionary explanation of legal development.
How is the growth of law described by Savigny?	A continuous and unbreakable process.
By what is the growth of law intimately bound according to Savigny?	Common cultural traditions, historical experiences and shared beliefs of the people.
Does law arise in isolated fragments according to Savigny?	No.
Is law the result of sudden legislative commands according to Savigny?	No.
How does law unfold according to Savigny?	Gradually as society unfolds.
What famous statement was made by Savigny regarding law and people?	Law grows with the growth of the people, strengthens with the strength of the people, and dies away as the nation loses its nationality.
What does Savigny’s statement regarding growth of law reflect?	Law has no independent existence apart from social life and national character.
To what did Savigny compare the development of law?	Development of language.
How does language develop according to Savigny?	Spontaneously from the speech habits of the people.
Is language consciously invented by grammarians according to Savigny?	No.
How does law take shape at the initial stage according to Savigny?	In unconscious customs, usages and practical dealings of the community.
What are language and law according to Savigny?	Natural expressions of the inner life of a nation.
What did Savigny demonstrate through comparison of law with language?	Law is a living and evolving institution.
What movement in Germany was strongly opposed by Savigny?	Codification of German laws on the model of French Civil Code.
Why did Savigny oppose codification of German laws?	Because German law had not yet matured through natural historical development.
What would premature codification do according to Savigny?	Arrest spontaneous growth of law and impose artificial rigidity.
When should law not be reduced to a fixed legislative code according to Savigny?	Until it has fully evolved from customs and consciousness of the nation.
How does law grow in the early stages of social development according to Savigny?	Spontaneously and unconsciously out of popular customs.
Into whose hands does technical development of law pass in advanced society?	Trained jurists.
What is the original source of law according to Savigny?	Volksgeist or popular consciousness.
By whom is the later technical development of law carried forward?	Juristic scholarship.
What partnership did Savigny recognise in legal development?	Partnership between social custom and juristic science.
Name Savigny’s important work on Roman law in medieval times.	History of Roman Law in the Middle Ages.
Name Savigny’s important work on modern Roman law.	System of Modern Roman Law.
Name Savigny’s famous work on possession.	Law of Possession.
What did Savigny enrich through his scholarly works?	Scientific study of Roman and continental legal traditions.
What is Savigny’s lasting contribution to jurisprudence?	Presenting law as a living historical organism rooted in common spirit of the people and developed gradually through custom and juristic interpretation.

CRITICISM OF SAVIGNY
What is the subject matter of the criticism of Friedrich Carl von Savigny?	Criticisms of Savigny’s Historical School theory.
Despite his influence, on what grounds has Savigny’s theory been criticised?	Several grounds.
What is the first criticism against Savigny’s theory?	He gave undue importance to customs and popular consciousness.
What role did Savigny underestimate according to critics?	Role of legislation.
Why is Savigny’s underestimation of legislation criticised in modern societies?	Because many important laws are consciously enacted to meet social, economic and constitutional needs.
Why can modern enacted laws not be explained merely as unconscious growth?	Because they are deliberate legislative creations.
What is the second criticism against Savigny’s theory?	Concept of Volksgeist is vague and indefinite.
Why is Volksgeist considered vague?	Because spirit of the people is an abstract notion incapable of precise identification or measurement.
Why is one single popular consciousness difficult to assume in pluralistic societies?	Because diverse and conflicting social beliefs may exist.
What is another criticism regarding Savigny’s approach to codification?	He opposed codification too strongly.
What benefits of codification have been shown by history?	Certainty, uniformity and accessibility in law.
How is Savigny’s resistance to codification of German law regarded?	Excessive and impractical.
Whose role in legal development did Savigny overlook according to critics?	Judges, reformers and individual genius.
Through what are many legal changes brought apart from custom?	Judicial interpretation, social reform movements and legislative innovation.
What outlook does Savigny’s theory give to law?	Excessively conservative outlook.
Why is Savigny’s theory called conservative?	Because it treats law as a product of past traditions.
What may Savigny’s conservative theory discourage?	Urgent legal reforms needed to remove injustice and adapt law to modern conditions.
What did Savigny successfully establish despite criticism?	Historical and social foundations of law.
What major defects remain in Savigny’s theory?	Vagueness, conservatism and inadequate recognition of legislative creativity.

PUCHTA (1798–1856)
What is the subject matter of Georg Friedrich Puchta under the Historical School?	Puchta’s contribution and criticism under the Historical School of Jurisprudence.
Who was Georg Friedrich Puchta in relation to Savigny?	Distinguished disciple of Friedrich Carl von Savigny.
To which school did Puchta make an important contribution?	Historical School of Jurisprudence.
What fundamental proposition of Savigny was accepted by Puchta?	Law originates in the historical life and social consciousness of the people.
What did Puchta attempt to give to Savigny’s theory?	More systematic and practical dimension.
What role did Puchta emphasise in legal development?	Role of the State in organising and enforcing law.
According to Puchta, law is the result of what?	Continuous adjustment and conflict between individual will and general will.
What does every individual possess according to Puchta?	Personal freedom and private interests.
What would arise if every person acts entirely according to personal desires?	Social disorder and conflict.
Why must there exist a regulating force according to Puchta?	To harmonise conflicting individual interests with collective interest of society.
What is the regulating force according to Puchta?	The State.
Through what instrument does the State act according to Puchta?	Law.
What is the function of law according to Puchta?	To restrain the individual from exceeding proper limits of free will.
What does law ensure regarding personal liberty according to Puchta?	Personal liberty does not become destructive of social order.
What did Savigny stress in comparison to Puchta?	Unconscious growth of law from popular spirit.
What conscious role did Puchta highlight?	State giving legal form and practical enforceability to social will.
Why does the State regulate human conduct according to Puchta?	To implement the general will.
What may be required for implementation of general will according to Puchta?	Sacrifice or limitation of individual interests.
What does law become in Puchta’s theory?	Means through which collective welfare is maintained against private impulses.
Does the State arbitrarily create law according to Puchta?	No.
What is the State according to Puchta in relation to law?	Organised authority that expresses and secures the general social will.
What is Puchta’s major contribution to jurisprudence?	Bridging gap between Savigny’s social theory and practical necessity of State regulation.
What did Puchta recognise apart from historical origin of law?	Need for State organisation and legal enforcement.
Why is State organisation necessary according to Puchta?	To maintain harmony between individual freedom and social welfare.

CRITICISM
What is the short criticism against Puchta’s theory?	He gave excessive importance to general will of the State.
At whose cost did Puchta emphasise general will?	Individual autonomy.
What may Puchta’s theory justify in the name of collective welfare?	State control and suppression of personal liberty.
Toward what does Puchta move by subordinating individual interest to social will?	Political authoritarianism.

GUSTAV HUGO (1764–1844)
What is the subject matter of Gustav Hugo under the Historical School?	Gustav Hugo’s contribution and criticism under the Historical School of Jurisprudence.
Who is regarded as one of the earliest German jurists laying the intellectual foundation of the Historical School?	Gustav Hugo.
What assumption was opposed by Gustav Hugo?	Law is created solely by legislation or abstract reason.
In what did Hugo insist law is deeply rooted?	Social life of the people.
From what does law derive its force according to Hugo?	Long-established habits and historical continuity.
According to Hugo, law is the result of what?	Habits, customs and traditions of the people voluntarily followed in society.
What do human beings gradually develop by living together in a community?	Certain regular modes of conduct.
Into what do accepted practices develop according to Hugo?	Customs.
What do customs acquire with passage of time according to Hugo?	Binding force and recognition as law.
From where does authority of law arise according to Hugo?	Habitual obedience and social acceptance given to traditions.
Does authority of law arise merely from political command according to Hugo?	No.
What notion regarding law was rejected by Hugo?	Law is an artificial or sudden creation.
How does law grow according to Hugo?	Naturally and unconsciously out of practical necessities of social life.
How did Hugo describe law?	A historical phenomenon shaped by conduct, habits and inherited wisdom of the community.
Why does law emerge as a natural regulator of human relations according to Hugo?	Because people voluntarily observe customs as part of social discipline.
What is the significance of Gustav Hugo in jurisprudence?	He first directed attention to historical origin and customary basis of law.
What later doctrines were prepared by Hugo’s ideas?	Central doctrines of Savigny and other Historical jurists.
How may Hugo be regarded in the Historical School?	Preliminary architect who prepared the ground for its development.

CRITICISM
What is the short criticism against Hugo?	He placed almost exclusive reliance on habits and traditions.
To what did Hugo give insufficient importance according to critics?	Deliberate legislation and legal reform.
Why can modern law not depend only on voluntary customs?	Because many new social problems require conscious statutory intervention.

HENRY MAINE (1822–1888)
What is the subject matter of Sir Henry Maine under the Historical School?	Sir Henry Maine’s contribution and Status to Contract theory.
Who was one of the most eminent English jurists associated with the Historical School?	Sir Henry Maine.
What substantial contribution was made by Sir Henry Maine?	Application of historical and comparative method to legal institutions.
In what position did Sir Henry Maine serve in India?	Law Member of the Central Legislative Council in India.
During which years did Maine serve as Law Member in India?	1863 to 1869.
What study did Maine make during his stay in India?	Comparative study of Indian legal institutions and laws of Western societies.
By what description is Maine sometimes referred because of his evolutionary understanding?	Social Darwinist.
What remained the distinct nature of Maine’s legal approach?	Historical and comparative.
What did Maine believe about primitive legal institutions of societies?	They exhibit a broad similarity.
What was the nature of early human societies according to Maine?	Patriarchal in nature.
Who occupied the dominant position in patriarchal societies according to Maine?	Male head of the family.
By what were rights, duties and legal relations determined in primitive societies?	Family membership rather than personal choice.
From what did an individual derive legal identity in early societies?	Birth, kinship and social position.
Did an individual derive legal identity from independent volition in primitive societies?	No.
What famous proposition was propounded by Maine?	Movement of progressive societies has hitherto been a movement from Status to Contract.
What is meant by status according to Maine?	Condition in which rights and obligations are fixed by birth, caste, family or social position.
How much freedom does an individual have under status?	Little freedom to determine his own legal relations.
What is meant by contract according to Maine?	Stage where individuals create rights and obligations by consent and agreement.
What happens to family-based and birth-based relations as societies progress according to Maine?	They gradually weaken.
On what do legal relations increasingly depend in progressive societies according to Maine?	Voluntary agreements.
How is Maine’s Status to Contract theory viewed by modern jurists in welfare State?	There is partial movement again from contract towards status.
Why is there movement from contract towards status in modern welfare State?	Because labour laws, consumer laws and welfare legislation impose statutory obligations irrespective of consent.

STAGES OF DEVELOPMENT OF LAW ACCORDING TO HENRY
What is the subject matter of the stages of development of law according to Sir Henry Maine?	Historical stages of evolution of law according to Maine.
What did Sir Henry Maine explain regarding law?	Law passes through certain definite historical stages in its evolution.
What is the first stage of development of law according to Maine?	Divine Law.
How is law believed to be made in the earliest stage?	By ruler or tribal chief under divine inspiration.
Why are commands of the ruler considered sacred in Divine Law stage?	Because they are supposed to derive authority from divine will.
What is the second stage of development of law according to Maine?	Customary Law.
How does Customary Law arise according to Maine?	Repeated social practices and usages acquire binding force.
What do customs become in the second stage?	Accepted standards of conduct constituting customary law.
What is the third stage of development of law according to Maine?	Knowledge of Law in the Hands of Priests.
By whom does legal knowledge become monopolised in the third stage?	Priestly class.
Why is the third stage regarded as a dark age in legal development?	Because law is not publicly known and masses depend on priests for legal knowledge.
Upon whom do masses remain dependent in the third stage?	Privileged priestly class.
What is the fourth stage of development of law according to Maine?	Codification.
What happens in the stage of codification?	Legal rules are collected, arranged and expressed in written form.
What does codification give to law?	Certainty, publicity and uniformity.
What does codification mark according to Maine?	Significant advancement in legal civilisation.
What are societies called that do not progress beyond codification?	Static societies.
Why are such societies called static societies?	Because their law remains confined to inherited codes and customs.
What are societies called that continue to develop law beyond codification?	Progressive societies.
How do progressive societies continue legal development?	Through new techniques of adaptation.

METHODS OF LEGAL DEVELOPMENT IN PROGRESSIVE SOCIETIES.
What is the subject matter of the methods by which progressive societies develop law according to Sir Henry Maine?	Methods of legal development in progressive societies.
By how many principal methods do progressive societies develop law according to Maine?	Three principal methods.
What are the three methods by which progressive societies develop law?	Legal fiction, equity and legislation.
What is the first method of legal development in progressive societies?	Legal Fiction.
What is meant by legal fiction?	Device by which law is changed in substance without altering formal words of law.
Why is legal fiction used according to Maine?	To adapt old legal rules to new circumstances while maintaining continuity.
What is the second method of legal development in progressive societies?	Equity.
What does equity consist of?	Principles of fairness, justice and conscience appealing to common consensus of mankind.
Why were equitable principles invoked particularly in England?	To mitigate rigidity and defects of common law.
What was secured through equity where strict law proved inadequate?	Substantial justice.
What is the third method of legal development in progressive societies?	Legislation.
How is legislation described by Maine?	Most direct, systematic and powerful method of legal reform.
How does society develop law through legislation?	By consciously introducing new laws and modifying old ones.
For what purpose are legislative enactments made?	To meet contemporary needs.
What did Maine regard as the most effective instrument for deliberate legal development?	Legislation.

BOOKS WRITTEN BY SIR HENRY MAINE
What is the subject matter of the books of Sir Henry Maine?	Important works authored by Sir Henry Maine.
Name the famous work of Sir Henry Maine on primitive legal evolution.	Ancient Law.
Name the work of Sir Henry Maine dealing with rural social institutions.	Village Community.
Name the work of Sir Henry Maine relating to institutional growth.	History of Institutions.
Name the work of Sir Henry Maine on primitive legal usages and customs.	Dissertation on Early Law and Customs.

SIR FREDERICK POLLOCK (1845)
What is the subject matter of Sir Frederick Pollock under the Historical School?	Sir Frederick Pollock’s contribution to the Historical School of Jurisprudence.
Who was Sir Frederick Pollock?	An eminent English jurist and legal historian.
To which school did Pollock make a valuable contribution?	Historical School of Jurisprudence.
Through what did Pollock contribute to the Historical School?	Study of the historical foundations of English law.
During whose reigns did Pollock analyse the legal system of England?	King Henry II and King Henry III.
What did Pollock demonstrate through examination of English law?	Large part of English law was deeply rooted in customs and traditions.
Was English law the product of sudden legislative creation according to Pollock?	No.
From what time had many customs and traditions been prevalent according to Pollock?	From time immemorial.
From where did many legal institutions originate according to Pollock?	Long-established usages and practical habits of the English people.
What role did courts and legislatures play according to Pollock?	They gave authoritative shape to what society had already accepted.
What did Pollock emphasise as an important source of law?	Historical legal institutions and customary practices.
Why can law not be fully understood according to Pollock?	Unless its historical background and customary evolution are studied.
What proposition was reinforced by Pollock’s contribution?	Law is not merely a command of the State but an inheritance shaped by traditions and institutions.
What did Pollock’s work on English legal history furnish?	Practical support to the broader doctrines of the Historical School.

SOCIOLOGICAL SCHOOL
What is the subject matter of the Sociological School of Jurisprudence?	Sociological School of Jurisprudence and its basic principles.
What important stage does the Sociological School mark in legal thought?	Study of law as a social institution functioning within society.
Against which schools did the Sociological School emerge as a reaction?	Analytical School and Historical School.
Why did the Sociological School react against the Analytical School?	Because of its excessive formalism.
Why did the Sociological School react against the Historical School?	Because of its excessive traditionalism.
How do sociological jurists believe law should be understood?	Not in isolation from the society in which it operates.
From what to what did sociological jurists shift the emphasis of jurisprudence?	From abstract analysis of legal concepts to practical study of law in action.
What is the principal scope of the Sociological School?	To examine the effect of law on society and effect of society on law.
What does the Sociological School seek to study in other words?	Mutual interaction between legal rules and social conditions.
What does law influence according to the Sociological School?	Human conduct, social institutions and economic relations.
What shapes the content and direction of law according to sociological jurists?	Social needs, public opinion, changing values and community interests.
How are law and society regarded under the Sociological School?	Interdependent and inseparable.
How do sociological jurists regard law in relation to social objectives?	Not an end in itself but a means to achieve social order, justice and welfare.
How can a legal rule not be judged according to the Sociological School?	Solely by its formal validity.
Where does the true worth of a legal rule lie according to sociological jurists?	In its social effectiveness and satisfaction of human needs.
What practical realities must jurisprudence take into account according to the Sociological School?	Social conflicts, class interests, changing moral standards and living conditions.
As what instrument does the Sociological School treat law?	Dynamic instrument of social engineering, social adjustment and collective welfare.
Beyond what must the study of law move according to the Sociological School?	Beyond statutes and precedents.
What must legal study investigate according to sociological jurists?	How legal principles actually work in society.
Why is the Sociological School described as the bridge between law in books and law in action?	Because it connects legal rules with their practical social operation.

AUGUSTE COMTE (1786-1857)
What is the subject matter of Auguste Comte under the Sociological School of Jurisprudence?	Auguste Comte’s contribution as intellectual forerunner of the Sociological School.
Who is generally regarded as the intellectual forerunner of the Sociological School?	Auguste Comte.
Who first used the term Sociology?	Auguste Comte.
Who is considered the founder of the science of sociology?	Auguste Comte.
What did Comte seek to apply to the study of society?	Scientific method.
How did Comte seek to study society?	In the same manner as natural sciences study physical phenomena.
By what name is Comte’s philosophy often described?	Scientific Positivism.
How did Comte regard society?	An organised social organism.
Why society is called an organised social organism according to Comte?	Because its different parts function in mutual interdependence.
With what did Comte compare the institutions of society?	Various organs of the human body.
How do social institutions work according to Comte?	Collectively for social order and progress.
When can society advance according to Comte?	When guided by rational, scientific and objective principles.
What did Comte strongly maintain regarding man?	Man is essentially a social animal.
Can man exist outside the framework of society according to Comte?	No.
Why does individual conduct require regulation according to Comte?	Because every individual lives in constant relation with others.
What performs the regulating function of human conduct according to Comte?	Law.
How should law not be framed according to Comte?	Merely with reference to the isolated individual.
With what should law be shaped according to Comte?	Broader needs of social life.
What should be the focal point of law according to Comte?	Society and not the individual.
To what did Comte attach greater importance?	Duties than rights.
On what does stability of society depend according to Comte?	Faithful performance of obligations towards collective order.
What is the only right which a man can truly claim according to Comte?	Right to always do his duty.
How is social harmony achieved according to Comte?	Through disciplined fulfilment of social responsibilities.
What groundwork was laid by Auguste Comte for the Sociological School?	Scientific study of society and emphasis that law must serve organisation, discipline and welfare of society.
How is Auguste Comte generally regarded among sociological jurists?	An introductory jurist.

HERBBERT SPENCER (1820-1903)
What is the subject matter of Herbert Spencer under the Sociological School?	Herbert Spencer’s contribution through Organic Theory of Society.
Who was Herbert Spencer in relation to sociological jurisprudence?	An important sociological thinker influencing the Sociological School.
For what theory is Herbert Spencer chiefly known?	Organic Theory of Society.
To what did Spencer compare society?	A living biological organism.
How did Spencer compare society with the human body?	Both consist of different parts functioning in harmony for welfare of the whole.
What does society consist of according to Spencer?	Different individuals and institutions functioning in mutual dependence.
Can an individual exist in complete isolation according to Spencer?	No.
With what is the well-being of each person connected according to Spencer?	Orderly functioning of the social whole.
What exists among individuals in every society according to Spencer?	Numerous and often conflicting interests.
What does each person seek according to Spencer?	His own desires, advantages and freedoms.
What happens if competing interests are left unchecked according to Spencer?	Social disorder and friction become inevitable.
Why is a regulating mechanism necessary according to Spencer?	To harmonise conflicting claims and preserve social equilibrium.
What is the purpose of law according to Spencer?	To resolve conflicting interests of individuals and maintain adjustment between liberty and order.
How does law act according to Spencer?	As a balancing instrument.
What does law prevent according to Spencer?	One individual from encroaching upon the sphere of another.
What does law secure according to Spencer?	Peaceful coexistence.
How did Spencer regard law apart from command backed by sanctions?	A social necessity designed to coordinate human relations.
Within what does law coordinate human relations according to Spencer?	Social organism.
What is Spencer’s contribution to sociological jurisprudence?	Legal rules must be understood in relation to social structure and law must maintain social harmony.

RUDOLF IHERING (1818-1892)
What is the subject matter of Rudolf Ihering under the Sociological School?	Rudolf Ihering’s contribution and theory of social utilitarianism.
Who is regarded as the founder of modern sociological jurisprudence according to Friedmann?	Rudolf Ihering.
Which doctrine was opposed by Rudolf Ihering?	Doctrine of individualism.
Which interest must gain priority according to Rudolf Ihering?	Social interest of society over individual interest.
What should be the purpose of law according to Rudolf Ihering?	To protect the interest of society.
By what other name is Ihering’s theory known?	Social utilitarianism.
How did Rudolf Ihering regard law?	Means to achieve an end.
What is the end to be achieved by law according to Ihering?	Social control.
How did Ihering consider punishment?	A means to social ends.
Name the work of Rudolf Ihering explaining functional purpose of law.	Law as Means to an End.

EUGEN EHRLICH (1862-1922)
What is the subject matter of Eugen Ehrlich’s jurisprudential contribution?	Eugen Ehrlich’s jurisprudential contribution relates to the social source and practical operation of law.
For what theory is Eugen Ehrlich best known?	Eugen Ehrlich is best known for the Theory of Living Law.
What narrow belief of positivism was challenged by Ehrlich?	Ehrlich challenged the belief that law is only that which is created by the State, declared by legislatures or enforced by courts.
Where did Ehrlich locate the real source of law?	Ehrlich located the real source of law in the actual life of society.
Is State creation necessary for effective law according to Ehrlich?	No, law need not necessarily be created by the State to be effective law.
Is court application necessary for effective law according to Ehrlich?	No, law need not necessarily be applied by the courts to be effective law.
Are coercive sanctions indispensable for effective law according to Ehrlich?	No, coercive sanctions are not indispensable for effective law.
What exists in society apart from formally enacted law according to Ehrlich?	There exists a vast body of social norms, conventions, usages and accepted standards.
What is regulated by social norms and conventions according to Ehrlich?	They regulate human conduct in everyday life.
Do social norms require formal legal enforcement to regulate conduct?	No, they regulate conduct even without formal legal enforcement.
From where do these social norms arise according to Ehrlich?	These social norms arise spontaneously from the functioning of social groups and associations.
What did Ehrlich describe as Living Law?	The socially operative norm-system arising from social groups and associations is Living Law.
Which institutions are governed in large measure by social norms according to Ehrlich?	Marriage, domestic life, inheritance, possession and contract.
Are these institutions governed merely by statutory texts according to Ehrlich?	No, they are governed also by social expectations, family practices, mercantile usages and community habits.
How do people often regulate social relationships before State intervention?	People regulate such relationships through socially accepted norms.
Where is the true life of law found according to Ehrlich?	The true life of law is found in society itself.
What did Ehrlich mean by Living Law?	Living Law means those extra-legal controls which regulate the social relations of man.
What are Living Law controls in practical terms?	They are the practical rules that actually guide day-to-day conduct in the community.
Are Living Law controls always written in legal codes?	No, they may not always be written in legal codes.
Why do Living Law controls possess binding force?	Because they are rooted in social acceptance.
Between what two forms of law did Ehrlich distinguish?	Ehrlich distinguished between law in books and the living law actually observed by the people.
What is the purpose of law according to Ehrlich?	The purpose of law is the attainment of social justice.
When can a legal rule serve a useful purpose according to Ehrlich?	Only when it corresponds with living conditions, social requirements and practical habits of the community.
What must be taken into consideration while making law according to Ehrlich?	The actual needs of the society in which the law is to operate must be carefully taken into consideration.
What must be taken into consideration while administering law according to Ehrlich?	The actual social requirements and practical habits of the community must be carefully taken into consideration.
When does law become an effective instrument of social regulation and justice?	When it corresponds with the actual needs and living conditions of society.
From what did Ehrlich shift jurisprudence?	Ehrlich shifted jurisprudence from the formal commands of the State.
To what did Ehrlich shift jurisprudence?	Ehrlich shifted jurisprudence to the living norms of society.
Where does the vitality of law lie according to Ehrlich?	The vitality of law lies in its social acceptance and practical utility.
Does mere statutory existence constitute true vitality of law according to Ehrlich?	No, mere statutory existence does not constitute true vitality of law.

CRITICISM
On what ground has Ehrlich been criticised regarding the meaning of law?	He has been criticised for giving too wide a meaning to law by including almost all social norms within its scope.
What confusion is said to arise from Ehrlich’s wide concept of law?	The distinction between legal rules and ordinary moral or social customs becomes blurred.
What indispensable role of the State is said to be underestimated by Ehrlich?	The role of the State in giving certainty, uniformity and enforceability to law.
What indispensable role of courts is said to be underestimated by Ehrlich?	The role of courts in giving certainty, uniformity and enforceability to law.

LEON DUGUIT (1859-1928)
What is the subject matter of Léon Duguit under the Sociological School?	Léon Duguit’s Doctrine of Social Solidarity and its criticism.
Who was one of the foremost exponents of the Sociological School of Jurisprudence?	Léon Duguit.
With which doctrine is Duguit chiefly associated?	Doctrine of Social Solidarity.
Through what did Duguit attempt to explain the basis of law, rights and State authority?	Social terms rather than sovereignty or individualism.
By whose sociological theory was Duguit profoundly influenced?	Émile Durkheim.
What had Durkheim emphasised regarding society?	Society is held together by mutual dependence among its members.
What did Duguit develop on the basis of Durkheim’s insight?	True foundation of law lies in social interdependence.
How does every man have his existence according to Duguit?	As a member of society.
Is man an isolated self-sufficient individual according to Duguit?	No.
Why are human beings mutually dependent according to Duguit?	For fulfilment of needs, interests and aspirations.
What creates a bond of cooperation among individuals according to Duguit?	Reciprocal dependence.
What did Duguit describe this bond as?	Social solidarity.
Why do people follow law according to Duguit?	Because they have to live in society.
Is law obeyed merely due to fear of sovereign sanction according to Duguit?	No.
Why are legal rules indispensable according to Duguit?	For preserving social cohesion and enabling collective existence.
What is the basis of law according to Duguit?	Social necessity and social cooperation.
What does justice mean according to Duguit?	Fulfilment of social needs and social obligations.
What is the object of law according to Duguit?	To ensure every individual performs functions and duties necessary for welfare of community.
From what language to what language did Duguit shift jurisprudence?	From rights and sovereignty to social duty and functional responsibility.
What State structure was favoured by Duguit?	Minimisation of State functions and decentralisation of State power.
Did Duguit regard the State as supreme sovereign authority?	No.
What traditional notion was rejected by Duguit?	State sovereignty.
How did Duguit regard the State?	One social institution existing for service of society.
When is authority of the State justified according to Duguit?	So long as it performs social functions conducive to collective welfare.
Is the State master or servant of society according to Duguit?	Servant of society.
What did Duguit deny regarding individuals?	Existence of inherent private rights.
What are rights in reality according to Duguit?	Socially recognised functions.
What freedom does an individual possess according to Duguit?	Only freedom enabling discharge of duties towards collective order.
By whom was Duguit inspired in his duty-centred approach?	Auguste Comte.
What statement of Comte inspired Duguit?	The only right of man is the right to do his duty.
What did Duguit outwardly reject?	Natural Law and metaphysical theories.
Why do critics say Duguit allowed Natural Law to come through the window?	Because he indirectly relied on ideal standard of social justice.
Against what does Duguit’s theory represent a sociological reaction?	Sovereignty, individualism and abstract rights.
How did Duguit view law?	Instrument for maintaining social solidarity and harmonious interdependence.

CRITICISM
What is the first short criticism against Duguit?	He gave excessive importance to social duties at expense of individual rights.
What does modern constitutional jurisprudence recognise against Duguit’s view?	Individual liberties cannot be completely subordinated to collective welfare.
Why is Duguit’s rejection of State sovereignty considered impractical?	Because State remains principal authority for law-making and enforcement.
Why is Duguit’s concept of social solidarity considered idealistic?	Because society often contains conflicting interests and not merely harmonious cooperation.

EMILE DURKHEIM
What is the subject matter of Émile Durkheim under the Sociological School?	Émile Durkheim’s sociological influence on jurisprudence.
Who was Émile Durkheim?	A celebrated French sociologist.
On whom did Durkheim exercise deep influence in sociological jurisprudence?	Léon Duguit.
What did Durkheim’s sociological philosophy seek to explain?	Maintenance of social cohesion and rise of norms of conduct.
Which famous work of Durkheim laid the foundation for understanding social interdependence?	The Division of Labour in Society.
As what did Durkheim explain society?	A network of mutual dependence among individuals.
How many broad categories of needs did Durkheim point out in society?	Two broad categories.
What is the first category of needs according to Durkheim?	Common needs of individuals.
Give examples of common needs according to Durkheim.	Security, companionship and social stability.
How are common needs satisfied according to Durkheim?	Through mutual assistance and collective cooperation.
What is the second category of needs according to Durkheim?	Diverse and specialised needs of individuals.
Why do diverse and specialised needs arise according to Durkheim?	Because different persons perform different functions in society.
How are specialised needs fulfilled according to Durkheim?	Through dependence upon one another by exchange of services.
What creates a strong bond of social interdependence according to Durkheim?	Increasing division of labour.
Why can no person independently satisfy all requirements according to Durkheim?	Because of functional dependence created by division of labour.
By what is society held together according to Durkheim?	Functional solidarity arising from mutual need and reciprocal service.
What doctrine of Duguit was inspired by Durkheim’s idea?	Doctrine of Social Solidarity.
What notable field apart from sociology did Durkheim contribute to?	Criminology and social pathology.
Which principle is associated with Durkheim regarding social disorder?	Principle of Anomie.
When do social disorder and deviant behaviour arise according to Durkheim?	When established norms become weak, uncertain or ineffective.
What happens when social regulation breaks down according to Durkheim?	Individuals lose moral guidance and conflicts increase.
What importance of law is indirectly reinforced by Durkheim’s theory?	Law as a stabilising institution for maintaining social discipline.
What is Durkheim’s significance in sociological jurisprudence?	Law and social norms arise from social cooperation and regulation of interdependent human life.

OTTO VON GIERKE’S
What is the subject matter of Otto von Gierke’s jurisprudential contribution?	Otto von Gierke’s jurisprudential contribution relates to the sociological importance of social groups and associations in law.
For what theory is Otto von Gierke mainly known?	Otto von Gierke is mainly known for the Theory of the Reality of Group Personality.
What approach to law and society was challenged by Gierke?	Gierke challenged the purely individualistic approach to law and society.
What is the central thesis of Gierke regarding a group?	A group possesses a real personality of its own.
How did Gierke deny the nature of a group as viewed by individualists?	He denied that a group is merely a fictitious aggregation of separate individuals.
According to Gierke, in what capacity do human beings primarily exist in society?	Human beings exist as members of various associations.
Which associations were recognised by Gierke as examples of organised groups?	Family, guild, corporation, union, community and State were recognised as organised groups.
What develops within organised groups according to Gierke?	Organised groups develop their own collective will, common interests and institutional identity.
Why must associations be legally recognised according to Gierke?	Because they are real social entities having legal significance.
What view of collective bodies was rejected by Gierke?	Gierke rejected the view that collective bodies are mere legal fictions created by the State.
How do groups arise according to Gierke?	Groups arise naturally out of social life.
Do associations depend upon legislative recognition for their existence according to Gierke?	No, associations possess an existence independent of legislative recognition.
Why must law take account of associations according to Gierke?	Because associations actively shape human conduct and regulate relationships within society.
What must law recognise in relation to associations according to Gierke?	Law must recognise their real personality and social function.
To what field did Gierke devote detailed historical study?	Gierke devoted detailed historical study to the development of associations and organised groups.
In what dual character did Gierke study associations?	He studied associations as both social and legal phenomena.
What did Gierke demonstrate through legal history?	He demonstrated that many legal institutions have grown around collective bodies and corporate organisations.
Did Gierke consider legal institutions to be based solely on individual rights?	No, he considered them to be based also on collective bodies.
According to Gierke, by what is law deeply influenced?	Law is deeply influenced by the functioning of social groups.
How did Gierke broaden sociological jurisprudence?	He broadened sociological jurisprudence beyond the individual.
What did Gierke regard as the real units of social life?	Organised associations are the real units of social life.
What must law regulate apart from individual interests according to Gierke?	Law must regulate the rights, duties and interactions of collective personalities.
What is the principal significance of Gierke’s theory in jurisprudence?	It establishes the legal importance of collective personalities in social organisation.

CRITICISM OF GIERKE
On what ground has Gierke been criticised regarding group personality?	He has been criticised that independent real personality to every group may undermine the central legal authority of the State.
What objection is raised regarding the collective will of associations?	It is argued that all associations do not possess a uniform collective will.
Why is Gierke’s notion of real group personality said to be exaggerated by critics?	Because the assumption of a real and uniform personality in every group may not always exist.

ROSCUE POUND (1870-1964)
What is the subject matter of Roscoe Pound’s jurisprudential contribution?	Roscoe Pound’s jurisprudential contribution relates to the practical and functional role of law in society.
What position does Roscoe Pound occupy in the Sociological School of Jurisprudence?	Roscoe Pound occupies the most prominent place in the Sociological School of Jurisprudence.
How is Roscoe Pound regarded in American jurisprudence?	Roscoe Pound is regarded as the father of American Sociological Jurisprudence.
From what did Pound shift the study of law?	Pound shifted the study of law from abstract theories and formal definitions.
To what did Pound direct the study of law?	Pound directed the study of law to the practical and functional role performed by law in society.
What did Pound say jurisprudence must not confine itself to?	Jurisprudence must not confine itself to law in books.
What must jurisprudence examine according to Pound?	Jurisprudence must examine law in action.
What must legal institutions be evaluated for according to Pound?	Legal institutions must be evaluated as to how far they satisfy human needs.
On which aspect of law did Pound primarily concentrate?	Pound primarily concentrated on the functional aspect of law.
How did Pound describe the functional aspect of law?	It is the process of fulfilling the maximum possible human wants with the minimum possible friction and waste.
Of what is society composed according to Pound?	Society is composed of numerous competing claims, desires and expectations.
Who constantly pursue conflicting interests in society according to Pound?	Individuals, groups and institutions constantly pursue different and often conflicting interests.
What results if competing interests are left uncontrolled?	Social disorder and injustice result if competing interests are left uncontrolled.
What is the central task of law according to Pound?	The central task of law is to harmonise competing claims and establish a workable balance among them.

THEORY OF SOCIAL ENGINEERING
What name did Pound give to the process of harmonising competing interests?	Pound described this process as Social Engineering.
What is the most celebrated contribution of Roscoe Pound?	The most celebrated contribution of Roscoe Pound is the Theory of Social Engineering.
What did Pound mean by Social Engineering?	Law should function like an engineer adjusting conflicting interests and securing maximum satisfaction of wants with least friction.
With what did Pound compare the function of law under Social Engineering?	Pound compared the function of law with an engineer constructing and maintaining a stable bridge.
What must law use to build a stable social order according to Pound?	Law must use legal principles and institutions to build a stable social order.
What is the task of law under Pound’s Social Engineering theory?	The task of law is the balancing of competing interests in society.
What is sought to be achieved by balancing interests?	Social harmony, justice and orderly progress are sought to be achieved.
Is law merely a body of commands or precedents according to Pound?	No, law is a practical instrument for social control.
What did Pound mean by saying law and life flow together?	Law must continuously adapt itself to the living needs, aspirations and pressures of social life.

CLASSIFICATION OF INTERESTS ACCORDING TO ROSCOE POUND
Why did Pound classify interests?	Pound classified interests to explain how law performs its engineering function.
Into how many categories did Pound broadly classify interests?	Pound broadly classified interests into three categories.
What are the three categories of interests classified by Pound?	The three categories are Private Interests, Public Interests and Social Interests.
What are Private Interests according to Pound?	Private Interests are claims, demands or desires asserted by individuals in their personal capacity.
Which matters are included in Private Interests?	Personality, reputation, domestic relations, property and contractual claims are included in Private Interests.
Why must law protect Private Interests?	So that personal liberty and private security are maintained.
What are Public Interests according to Pound?	Public Interests are interests asserted by the State as a juristic person and guardian of collective order.
Which matters are included in Public Interests?	Governmental authority, revenue, public institutions and efficient functioning of State machinery are included in Public Interests.
What are Social Interests according to Pound?	Social Interests are the broader interests of society as a whole.
Which matters are included in Social Interests?	Social security, public peace, general morals, social welfare, protection of economic resources and preservation of social institutions.
Which interests did Pound consider of the highest practical importance?	Pound considered Social Interests of the highest practical importance.
Why did Pound give highest practical importance to Social Interests?	Because law ultimately exists for the orderly functioning of society.
Where does the true skill of jurisprudence lie according to Pound?	The true skill of jurisprudence lies in striking a just balance among private, public and social interests.
What should not be allowed while balancing interests?	No one interest should be allowed to destroy the others.

JURAL POSTULATES OF ROSCOE POUND
What did Pound formulate besides classification of interests?	Pound formulated certain basic assumptions called Jural Postulates.
What are Jural Postulates according to Pound?	Jural Postulates are the minimum conditions which every civilized legal order must secure.
Why must Jural Postulates be secured?	So that social life may proceed peacefully.
What is the first Jural Postulate of Pound?	Every person may assume that others will commit no intentional aggression upon him.
What legal protection is reflected in the first Jural Postulate?	Security of person and freedom from deliberate harm.
What is the second Jural Postulate of Pound?	Every person may control for beneficial purposes what he has discovered, appropriated or created by his own labour.
What does the second Jural Postulate reflect?	It reflects legal protection of property and fruits of individual effort.
What is the third Jural Postulate of Pound?	Every person may assume that those with whom he deals will act in good faith.
On what do social and commercial relations function according to the third Jural Postulate?	They function on legally recognised honesty and fidelity.
What is the fourth Jural Postulate of Pound?	Every person may assume that those engaging in any course of conduct will act with due care and caution.
What is the legal basis formed by the fourth Jural Postulate?	It forms the basis of legal liability for negligence.
What is the fifth Jural Postulate of Pound?	Persons maintaining harmful things or agencies must restrain them within proper bounds.
What does the fifth Jural Postulate ensure?	It ensures protection against dangerous instrumentalities and hazardous activities.
What do Pound’s Jural Postulates represent?	They represent the minimum legal expectations necessary for orderly civilised existence.

IMPORTANT WORKS OF ROSCOE POUND
Which is Roscoe Pound’s notable work published in 1921?	The Spirit of the Common Law.
Which is Roscoe Pound’s notable work published in 1922?	An Introduction to the Philosophy of Law.
Which is Roscoe Pound’s notable work published in 1923?	Interpretation of Legal History.
Which is Roscoe Pound’s notable work published in 1926?	Law and Morals.
Which is Roscoe Pound’s notable work published in 1938?	The Formative Era of American Law.
Which is Roscoe Pound’s notable work published in 1940?	Contemporary Juristic Theory.
Which notable works of Roscoe Pound were published in 1942?	Administrative Law: Its Growth, Procedure and Significance and Social Control through Law.
Which is Roscoe Pound’s notable work published in 1944?	The Task of Law.
How did these writings establish Roscoe Pound?	These writings established him as the most practical and policy-oriented jurist of the Sociological School.

CRITICISM OF ROSCOE POUND
On what ground has Pound’s theory of balancing interests been criticised?	It does not provide any precise formula for determining which interest should prevail in a particular case.
Why is the concept of social engineering criticised as uncertain?	Because it is often dependent on judicial discretion.
What criticism is made regarding Pound’s classification of interests?	His classification is said to be too broad and overlapping.
Why does Pound’s theory still remain highly influential?	Because it transformed law into a practical instrument of social justice and social adjustment.

ETHICAL OR PHILOSPHICAL SCHOOL
What is the subject matter of the Philosophical or Ethical School of Jurisprudence?	The Philosophical or Ethical School of Jurisprudence represents the normative and idealistic approach to the study of law.
To what cannot jurisprudence be confined according to the Philosophical School?	Jurisprudence cannot be confined merely to the analysis of legal rules as they exist.
To what else cannot jurisprudence be limited according to the Philosophical School?	Jurisprudence cannot be limited to tracing the historical origin or social operation of legal rules.
On what must legal philosophy rest according to this school?	Legal philosophy must rest upon ethical values, moral ideals and principles of justice.
Towards what should law guide human conduct according to the Philosophical School?	Law should guide human conduct towards righteous and upright living.
What does this school insist law must not only regulate?	Law must not only regulate external behaviour.
What higher standards must law embody according to the Ethical School?	Law must embody higher standards of fairness, morality and reason.
What does the Ethical School expound?	The Ethical School expounds the first principles of law as it ought to be.
With which aspect of law is the Ethical School not primarily concerned as compared to the Historical School?	It is not primarily concerned with the historical past of law.
With which aspect of law is the Ethical School not primarily concerned as compared to the Analytical School?	It is not primarily concerned with the analytical present of law as it exists.
Where does the chief concern of the Ethical School lie?	The chief concern lies with the future ideal of law.
What form of law does the Ethical School seek?	It seeks the form which law should assume to secure justice, moral welfare and harmonious social life.
What question does this school ask apart from validity of enactment?	It asks whether a rule is ethically justified.
What further question does this school ask regarding law?	It asks whether law promotes the ultimate good of man and society.
Is law an end in itself according to the Philosophical School?	No, law is not an end in itself.
As what is law regarded according to the Philosophical School?	Law is regarded as a means by which the individual will is harmonised with the general will of the community.
What do human beings possess according to the Philosophical School?	Human beings possess personal desires, ambitions and freedoms.
What may unregulated individual will produce?	Unregulated individual will may produce conflict, selfishness and injustice.
What must law serve as according to the Philosophical School?	Law must serve as the moral instrument through which private interests are adjusted with collective welfare.
How is law regarded beyond a command backed by sanction in this school?	Law is regarded as a rational and ethical order designed to secure justice.
What do the jurists of this school maintain as the true test of law?	The true test of law lies in its conformity with reason, morality and social good.
How is a legally valid but morally unjust law viewed by this school?	A legally valid but morally unjust law is considered defective.
Why is a morally unjust law considered defective?	Because legal authority cannot be wholly divorced from ethical legitimacy.
What character does the Philosophical School give to jurisprudence?	The Philosophical School gives jurisprudence an evaluative and idealistic character.
Into what does the Philosophical School seek to transform law?	The Philosophical School seeks to transform law into an instrument of moral civilisation.

HUGO GROTIOUS (1583-1645)
What is the subject matter of Hugo Grotius’s jurisprudential contribution?	Hugo Grotius’s jurisprudential contribution relates to the ethical and rational foundation of law.
How is Hugo Grotius regarded in jurisprudence?	Hugo Grotius is regarded as the father of Philosophical Jurisprudence.
Of which legal tradition is Hugo Grotius one of the foremost founders?	Hugo Grotius is one of the foremost founders of the modern Natural Law tradition.
What orientation did Grotius give to jurisprudence?	Grotius gave jurisprudence an ethical and rational orientation.
How did Grotius deny the mere political view of law?	He insisted that law cannot be understood merely as an external command of political authority.
In what must law be rooted according to Grotius?	Law must be rooted in the moral and social nature of human beings.
What did Grotius seek to discover in jurisprudence?	Grotius sought to discover universal principles of justice arising from human reason.
What do Grotius’s universal principles of justice govern?	They govern the conduct of civilized communities.
From what does law spring according to Grotius?	Law springs from the social nature of man.
To what are human beings naturally inclined according to Grotius?	Human beings are naturally inclined to live together in society.
What does social coexistence necessarily require according to Grotius?	Social coexistence necessarily requires rules of conduct founded upon reason, mutual respect and justice.
How is man described by Grotius?	Man is a rational and social being.
To what must the legal order correspond according to Grotius?	The legal order must correspond to the inherent qualities of human nature.
What is not the sole basis of law according to Grotius?	Sovereign force is not the sole basis of law.
What is the true basis of law according to Grotius?	The true basis of law is the rational necessity of maintaining just and orderly relations among men.
On what notion are Natural Law and Positive Morality founded according to Grotius?	Natural Law and Positive Morality are founded upon the notion of righteousness.
What is Natural Law according to Grotius?	Natural Law consists of universal principles of justice and right reason discoverable by human intellect.
Are the principles of Natural Law dependent on legislative enactment?	No, they are binding irrespective of legislative enactment.
May positive morality and positive laws vary according to Grotius?	Yes, positive morality and positive laws may vary from society to society.
On what does the legitimacy of positive morality and positive laws depend?	Their legitimacy depends upon conformity with broader principles of righteousness.
What did Grotius attempt to harmonise?	Grotius attempted to harmonise enacted law with moral law.
What foundation did Grotius give to jurisprudence by harmonising law with morality?	He gave jurisprudence a strongly ethical foundation.
What is the significance of Grotius in legal thought?	Grotius shifted legal thought from mere political obedience to rational justice and moral duty.
By asserting law originates in what did Grotius influence jurisprudence?	By asserting that law originates in the social and rational character of man.
What groundwork was laid by Grotius?	Grotius laid the groundwork for the later development of philosophical and ethical jurisprudence.
Which is the celebrated work of Hugo Grotius?	The Law of War and Peace (De Jure Belli ac Pacis).
Why is The Law of War and Peace significant?	It remains a classic contribution to legal philosophy and international legal thought.

IMMANUEL KANT (1724-1804)
What is the subject matter of Immanuel Kant’s jurisprudential contribution?	Immanuel Kant’s jurisprudential contribution relates to the rational and metaphysical foundation of justice.
How is Immanuel Kant regarded in the Ethical School of Jurisprudence?	Immanuel Kant is regarded as one of the greatest philosophers of the Ethical School of Jurisprudence.
What foundation did Kant seek to place law upon?	Kant sought to place law upon a rational and metaphysical foundation of justice.
What method of justice was developed by Kant?	Kant developed the metaphysical method of justice.
How is law examined under Kant’s metaphysical method of justice?	Law is examined as a rational principle necessary for the coexistence of free human beings.
With what did Kant believe jurisprudence must be connected?	Kant believed jurisprudence must be connected with moral philosophy.
What distinction did Kant carefully maintain despite connecting jurisprudence with moral philosophy?	Kant carefully distinguished the sphere of law from the sphere of ethics.
Are ethics and law the same according to Kant?	No, ethics and law are not one and the same thing.
With what are both ethics and law concerned according to Kant?	Both ethics and law are concerned with human conduct.
In what domain does ethics operate according to Kant?	Ethics operates in the domain of spontaneous internal acts of man.
What are spontaneous internal acts according to Kant?	They are actions springing from inner moral conviction, conscience and self-imposed duty.
When is ethical behaviour valuable according to Kant?	Ethical behaviour is valuable only when it arises voluntarily from within the individual.
In what domain does law operate according to Kant?	Law operates in the domain of acts to which a man can be externally compelled.
With what is law not concerned according to Kant?	Law is not concerned with inward motives.
With what is law concerned according to Kant?	Law is concerned with outward behaviour affecting the rights and freedoms of others.
What does ethics deal with according to Kant?	Ethics deals with the inner life of the individual.
What does law regulate according to Kant?	Law regulates the external conduct of the individual.
What does morality judge according to Kant?	Morality judges the intention behind an act.
What does law judge according to Kant?	Law judges the external conformity of the act to an objective rule.
On what does morality depend according to Kant?	Morality depends upon internal self-discipline.
On what does law depend according to Kant?	Law depends upon external enforceability.
What is the central feature of Kant’s philosophy?	The central feature of Kant’s philosophy is the Theory of Categorical Imperative.
What does the Theory of Categorical Imperative require?	A person should act only according to that principle which he can will to become a universal rule for all mankind.
By what must every human action be guided under the Categorical Imperative?	Every human action must be guided by universal reason and moral duty.
By what should human action not be guided under the Categorical Imperative?	Human action should not be guided by selfish inclination.
How did the Categorical Imperative provide Kant an ethical basis of justice?	It required that law be framed so that the freedom of each individual coexists with the equal freedom of all others.
What view did Kant adopt regarding the function of the State?	Kant adopted a limited but principled view regarding the function of the State.
To what should the State primarily confine itself according to Kant?	The State should primarily confine itself to maintenance of law and order and administration of justice.
What is the purpose of the State according to Kant?	The purpose of the State is to secure a juridical condition protecting external freedoms under universal laws.
What freedom should citizens enjoy according to Kant?	Citizens should enjoy the freedom to criticise the government.
Why did Kant support freedom to criticise the government?	Because rational criticism is essential for the moral progress of political institutions.
In what does Kant’s contribution to ethical jurisprudence lie?	Kant’s contribution lies in harmonising legal obligation with rational freedom.
How did Kant view law in relation to liberty?	Kant viewed law as an instrument for securing the external conditions of liberty.
To what did Kant leave the inner moral perfection of man?	Kant left the inner moral perfection of man to ethics.
Which is an important work of Kant on justice?	Metaphysical Elements of Justice.
Which is an important philosophical work of Kant influencing jurisprudence?	Critique of Pure Reason.
How did Kant’s works influence legal thought?	They profoundly influenced later legal and moral philosophy.
How is Kant described among jurists?	Kant is one of the strong jurists.

HEGEL (1770- 1831)
What is the subject matter of G.W.F. Hegel’s jurisprudential contribution?	G.W.F. Hegel’s jurisprudential contribution relates to law as the rational expression of freedom and universal ethical life.
How is G.W.F. Hegel regarded in the Ethical School of Jurisprudence?	G.W.F. Hegel is regarded as one of the leading philosophers of the Ethical School of Jurisprudence.
How did Hegel conceive law?	Hegel conceived law as the rational expression of freedom and universal ethical life.
Of whom is society composed according to Hegel?	Society is composed of numerous self-centred individuals.
What do self-centred individuals pursue according to Hegel?	They pursue their own ego, desires and personal interests.
What happens if conflicting egos remain unchecked?	Social harmony becomes impossible.
What is the true purpose of law according to Hegel?	The true purpose of law is to reconcile conflicting egos and create an orderly ethical union among individuals.
Through what is reconciliation of conflicting egos possible according to Hegel?	Reconciliation is possible through the merger of self-centred consciousness into universal consciousness.
What is meant by merger into universal consciousness?	Individuals must rise above selfish impulses and recognise themselves as part of a larger ethical community.
How does law perform the function of ethical reconciliation?	Law subjects private will to universal rational principles.
Is legal order merely an external restraint according to Hegel?	No, legal order is a means of harmonising individual freedom with collective moral life.
What is the dominant theme in Hegel’s philosophy?	The dominant theme in Hegel’s philosophy is freedom.
By what has the mind of man been continuously dominated according to Hegel?	The mind of man has been continuously dominated by the quest for freedom.
How did Hegel view human history?	Hegel viewed human history as a progressive unfolding of liberty.
Why does law become the institutional expression of historical movement?	Because law gives concrete shape to freedom within an organised social order.
To what must all laws conform according to Hegel?	All laws must conform to the dynamic changes in society.
Why must laws conform to dynamic social changes according to Hegel?	Because law is the embodiment of the evolving moral consciousness of mankind.
What expands as society progresses according to Hegel?	The content of freedom expands as society progresses.
Why must legal institutions transform themselves according to Hegel?	To reflect higher stages of social justice and rationality.
What dimension did Hegel give to jurisprudence?	Hegel gave jurisprudence a developmental and evolutionary dimension.
What does the legal history of mankind embody according to Hegel?	The legal history of mankind embodies the march of freedom in civil societies.
From what did man struggle to free himself in early periods according to Hegel?	Man struggled to free himself from oppressive domination of ecclesiastical institutions.
What freedom was secured by this early struggle?	Temporal freedom from the Church was secured.
From what did legal government gradually move thereafter?	Legal government gradually moved away from tyrannical rule of despotic monarchies.
Towards what did legal government gradually move?	Legal government gradually moved towards constitutional and representative forms of governance.
What happened in the economic sphere according to Hegel’s historical explanation?	Exploitation and enslavement under unregulated capitalism gave way to demands for economic justice and social freedom.
How did law function during the British colonial period in India?	Law functioned as an instrument of political coercion designed to preserve imperial authority.
What transformation occurred in the role of law after Indian independence?	Law became directed towards preservation of rights, socio-economic justice and democratic governance.
What does the established rule of law in modern constitutional systems aim at ensuring?	It aims at ensuring justice, liberty, equality, fraternity and human dignity.
What evolved along with the march of freedom in modern constitutional systems?	The concept of the welfare State evolved.
What is expected from law under the welfare State concept?	Law is expected not merely to maintain order but to secure the material and moral well-being of the people.
How did Hegel view law in relation to individual and universal freedom?	Hegel viewed law as the rational instrument through which individual freedom is elevated into universal freedom.
Through what is ethical progress institutionally realised according to Hegel?	Ethical progress is institutionally realised through law.
In what does Hegel’s contribution to jurisprudence lie?	Hegel’s contribution lies in presenting jurisprudence as a philosophy of evolving liberty and moral development.

KOHLER (1849-1919)
What is the subject matter of Josef Kohler’s jurisprudential contribution?	Josef Kohler’s jurisprudential contribution relates to law as an instrument of cultural and moral evolution of society.
How is Josef Kohler regarded in jurisprudence?	Josef Kohler is regarded as an important jurist of the Philosophical or Ethical School.
To what did Kohler seek to relate law?	Kohler sought to relate law to the cultural and moral evolution of society.
What notion regarding universal law was rejected by Kohler?	Kohler rejected the notion that one uniform and universal law can equally suit all societies.
Why did Kohler deny universality of one law for all societies?	Because societies differ in historical development, social values and civilizational conditions.
Is law universal for all societies according to Kohler?	No, law is not universal for all societies.
Why is law not universal according to Kohler?	Because each society possesses its own stage of cultural growth, moral consciousness and practical necessities.
In accordance with what must the legal system of every community be shaped?	It must be shaped in accordance with its particular social and ethical environment.
How did Kohler regard law?	Kohler regarded law as a standard of conduct.
What urges men towards a reasonable form of life according to Kohler?	Law, in consequence of an inner impulse, urges men towards a reasonable form of life.
What did Kohler deny regarding the nature of law?	Kohler denied that law is merely an external coercive command imposed by the State.
What additional character does law possess according to Kohler?	Law possesses an inner ethical mission.
Towards what should law guide human beings according to Kohler?	Law should guide human beings towards disciplined, rational and socially desirable conduct.
Why should law guide human beings towards reasonable conduct?	So that individual life may be harmonised with the collective moral progress of society.
What is the true purpose of law according to Kohler?	The true purpose of law is to advance civilisation.
How does law advance civilisation according to Kohler?	By giving institutional expression to the ideals, values and aspirations of a given age.
What evolves as society evolves according to Kohler?	The standards of reasonable life evolve as society evolves.
What must law do as standards of reasonable life evolve?	Law must continuously adapt itself to higher ethical demands.
In which noted work are Kohler’s jurisprudential views reflected?	Philosophy of Law.
What function of legal institutions was emphasised by Kohler in his work?	Kohler emphasised the ethical and cultural function of legal institutions.
How did Kohler contribute to the Ethical School?	Kohler asserted that law is a morally purposive standard of conduct.
What determines the content of law according to Kohler?	The civilizational needs of different societies determine the content of law.

STAMMLER (1856-1938)
What is the subject matter of Rudolf Stammler’s jurisprudential contribution?	Rudolf Stammler’s jurisprudential contribution relates to law as an instrument for realising justice through social harmony.
How is Rudolf Stammler regarded in the Philosophical or Ethical School?	Rudolf Stammler is regarded as one of the most prominent modern jurists of the Philosophical or Ethical School.
Why is Stammler recognised as a Neo-Kantian thinker?	Because he sought to revive and modernise the ethical principles of Immanuel Kant in jurisprudence.
What view regarding formal validity was accepted by Stammler?	Stammler accepted that law cannot be judged merely by its formal validity.
On what does the true worth of law depend according to Stammler?	The true worth of law depends upon the extent to which it realises justice within society.
When is law just according to Stammler?	Law is just if it furthers social ideas.
What is meant by social ideas according to Stammler?	Social ideas mean harmonising individual interests with those of society.
What do human beings possess according to Stammler?	Human beings possess personal claims, ambitions and freedoms.
Why cannot individual interests operate unchecked according to Stammler?	Because they cannot be allowed to operate destructively against collective welfare.
What is the function of law according to Stammler?	The function of law is to establish a rational adjustment between private rights and social good.
Is a legal rule just merely because it is enacted by authority according to Stammler?	No, a legal rule is not just merely because it is enacted by authority.
When is a legal rule truly just according to Stammler?	A legal rule is just only when it contributes to the harmonious organisation of social life.
How did Stammler emphasise justice?	Stammler emphasised justice as a dynamic social ideal.
Why must the legal system continuously strive according to Stammler?	Because society continuously changes.
What must the legal system continuously strive to secure according to Stammler?	The legal system must continuously strive to secure a fair equilibrium between individual liberty and social necessity.
What practical form did Stammler give to the Ethical School?	Stammler gave the Ethical School a more practical and socially oriented form.
How did Stammler differ from earlier metaphysical thinkers?	He connected ethical justice with practical social adjustment.
In which noted work is Stammler’s jurisprudential philosophy reflected?	The Theory of Law.
How did Stammler treat law in his noted work?	Stammler treated law as a purposive instrument directed towards realization of a just social order.
In what does Stammler’s contribution mainly lie?	Stammler’s contribution lies in combining Kantian ethical rationalism with practical social harmonisation of personal interests and community welfare.

REALIST SCHOOL
What is the subject matter of the Realist School of Jurisprudence?	The Realist School of Jurisprudence represents a modern pragmatic approach to legal thought.
Where did the Realist School mainly emerge?	The Realist School mainly emerged in the United States.
Against what did the Realist School emerge as a reaction?	It emerged as a reaction against excessive formalism and conceptual rigidity of earlier schools.
With what traditional belief were the realists dissatisfied?	The realists were dissatisfied with the belief that law consists merely of abstract rules in statutes, precedents and legal texts.
How is the true understanding of law possible according to realists?	The true understanding of law is possible only by examining how law actually works in the hands of judges and courts.
On what did the realist movement in the United States primarily concentrate?	The realist movement primarily concentrated on the decisions of law courts.
What is the central thesis of the Realist School?	The real content of law emanates from the manner in which judges interpret, apply and enforce legal words in concrete cases.
Does real law emanate from legislative words alone according to realists?	No, real law does not emanate from legislative words alone.
How did the realists define law in practical terms?	Law is what the courts do and not merely what the statutes say.
What becomes the living source of law under Realism?	Judicial decisions become the living source of law.
Who are the true lawmakers in practical terms according to realists?	Judges are the true lawmakers in practical terms.
How is the Realist School described because of its practical emphasis?	The Realist School is described as the left wing of the Functional School.
How does the Realist School carry forward the Functional School?	It carries forward the functional study of law to a more radical conclusion.
On what must legal study focus according to realists?	Legal study must focus on actual judicial behaviour, psychological attitudes of judges and social factors influencing adjudication.
What kind of study of law did the realists emphasise?	The realists emphasised a functional and realistic study of law.
How did realists refuse to study law merely in enactments?	They studied law as interpreted and laid down by courts through judicial pronouncements.
How may Realism be described in relation to Idealism?	Realism may be described as the antithesis of Idealism.
What do idealist and philosophical jurists search for in law according to the passage?	They search for abstract justice, universal morality or rational perfection.
What do realists reject in contrast to idealists?	Realists reject metaphysical assumptions.
On what do realists insist instead of metaphysical assumptions?	Realists insist on observing the practical realities of legal administration.
Do legal rules by themselves decide cases according to realists?	No, legal rules by themselves do not decide cases.
On what does case decision depend according to realists?	It depends on judicial temperament, social policy, facts, experience and human discretion.
What did the Realists strongly assert regarding certainty of law?	The Realists strongly asserted that the so-called certainty of law is a myth.
Why is mathematical prediction of legal outcomes impossible according to realists?	Because judicial decisions are influenced by many extra-legal considerations.
Is law a closed logical system according to the Realist School?	No, law is a dynamic and often uncertain process shaped by judicial action.
From what did the Realist School shift jurisprudence?	The Realist School shifted jurisprudence from legal rules and theoretical certainty.
To what did the Realist School shift jurisprudence?	The Realist School shifted jurisprudence to judicial behaviour and practical realism.

KARL LLEWELLYN’S (1893- 1962)
What is the subject matter of Karl Llewellyn’s jurisprudential contribution?	Karl Llewellyn’s jurisprudential contribution relates to the practical functioning of law through judicial behaviour.
How is Karl Llewellyn regarded in the Realist School?	Karl Llewellyn is regarded as one of the leading exponents of American Realism.
What major role did Llewellyn play in jurisprudence?	Llewellyn played a major role in developing the practical orientation of the Realist School.
What did Llewellyn observe regarding the Realist School?	Llewellyn observed that there is no rigidly organised or formally distinct Realist School.
How did Llewellyn describe realism instead of a fixed school?	Llewellyn described realism as a broad group of thinkers.
What do realist thinkers carry forward according to Llewellyn?	They carry forward the sociological and functional study of law to its logical conclusion.
What unites realist thinkers according to Llewellyn?	A common insistence on studying law as it actually functions in society unites them.
What traditional tendency of lawyers was criticised by Llewellyn?	Llewellyn criticised the tendency to search for justice merely within statutes and law books.
Can justice be truly discovered in legal texts alone according to Llewellyn?	No, justice cannot be truly discovered in legal texts alone.
Where must justice be sought according to Llewellyn?	Justice must be sought in the actual behaviour, attitudes and practical reasoning of judges.
When is the real meaning of a written legal rule revealed according to Llewellyn?	The real meaning is revealed only when it is interpreted and applied by courts in concrete factual situations.
Upon what must legal study concentrate according to Llewellyn?	Legal study must concentrate upon judicial behaviour.
What should legal study avoid concentrating upon according to Llewellyn?	Legal study should avoid concentrating merely upon abstract doctrinal formulations.
By what are judges influenced apart from legal rules according to Llewellyn?	Judges are influenced by social needs, commercial practices, policy considerations, practical convenience and human experience.
How is law in action compared with law in books according to Llewellyn?	Law in action is always wider and more flexible than law in books.
What did Llewellyn deny regarding law?	Llewellyn denied the possibility of absolute legal certainty.
Why can there never be complete certainty about law according to Llewellyn?	Because society changes much faster than legal rules.
What continuously evolve faster than legal rules according to Llewellyn?	Social relations, economic patterns and human expectations continuously evolve.
What often lag behind according to Llewellyn?	Statutes and precedents often lag behind.
Why are judges constantly required to adapt old legal principles?	Because new social circumstances continuously arise.
What does adaptation of old principles introduce into legal outcomes?	It introduces an unavoidable element of fluidity in legal outcomes.
In what does Llewellyn’s contribution mainly lie?	Llewellyn’s contribution lies in showing that the real life of law is found in dynamic judicial interpretation.
Where is the real life of law not found according to Llewellyn?	The real life of law is not found in rigid legal propositions.
To what do judicial interpretations respond according to Llewellyn?	Judicial interpretations respond to changing social realities.
What realist claim was strengthened by Llewellyn’s theory?	Llewellyn strengthened the claim that law is essentially a prediction of what courts will actually do.

JEROME FRANK (1889-1957)
What is the subject matter of Jerome Frank’s jurisprudential contribution?	Jerome Frank’s jurisprudential contribution relates to the psychological and human factors influencing judicial decisions.
How is Jerome Frank regarded in the American Realist movement?	Jerome Frank is regarded as one of the most radical and psychologically oriented thinkers of American Realism.
Beyond what did Frank carry the realist approach?	Frank carried the realist approach beyond the mere study of judicial decisions.
Towards what did Frank direct attention in legal study?	Frank directed attention towards the human personality of the judge deciding the case.
What did Frank believe regarding legal certainty?	Frank believed that legal certainty is far less than what traditional jurists assume.
By what is the outcome of litigation significantly affected according to Frank?	The outcome of litigation is significantly affected by individual temperament and subjective factors in the judge’s mind.
Did Frank say judges always consciously make law in a legislative sense?	No, Frank said judges do not always consciously make law in a legislative sense.
What do judges often do while deciding disputes according to Frank?	Judges often discover law while deciding disputes.
Is judicial discovery of law a purely mechanical or objective process according to Frank?	No, judicial discovery of law is not a purely mechanical or objective process.
On what does the meaning extracted from precedents and statutes depend according to Frank?	It depends on the judge’s personal understanding, instinctive reactions and practical assessment of facts.
Can judicial decision-making be reduced to a fixed logical formula according to Frank?	No, judicial decision-making can never be reduced to a fixed logical formula.
What plays a dominant role in moulding the law according to Frank?	The personality of the judge and his past experiences play a dominant role.
Which personal factors of a judge influence adjudication according to Frank?	Education, social background, prejudices, sympathies, habits of reasoning and psychological disposition influence adjudication.
How do these personal factors affect adjudication according to Frank?	They influence perception of evidence, interpretation of legal principles and choice between competing arguments.
Can two judges applying the same legal rule reach different conclusions according to Frank?	Yes, two judges may reach different conclusions because of the human element in adjudication.
What inevitable element enters into adjudication according to Frank?	The human element inevitably enters into adjudication.
What illusion did Frank attack through his analysis?	Frank attacked the illusion of complete certainty in law.
What did Frank say lawyers often call certainty?	Lawyers often call certainty merely an intellectual comfort created by textbooks.
On what does the result of a case depend in actual courts according to Frank?	The result depends upon numerous uncertain human variables.
What must the true study of law include according to Frank?	The true study of law must include legal rules, judicial psychology and courtroom behaviour.
Which is Jerome Frank’s celebrated work exposing mechanical jurisprudence?	Law and the Modern Mind.
Which work of Jerome Frank reflects his realist views on human judicial factors?	If Men Were Angels.
Which work of Jerome Frank analyses judicial functioning in courts?	Courts on Trial.
What myth was exposed by Jerome Frank in his writings?	Jerome Frank exposed the myth of mechanical jurisprudence.
In what does Jerome Frank’s contribution mainly lie?	Jerome Frank’s contribution lies in showing that law is shaped by personal and psychological dimensions of the judicial process.

OLIVER WENDELL HOLMENS (1841-1935)
What is the subject matter of Oliver Wendell Holmes Jr.’s jurisprudential contribution?	Oliver Wendell Holmes Jr.’s jurisprudential contribution relates to law as a practical prediction of judicial behaviour.
How is Oliver Wendell Holmes Jr. regarded in American jurisprudence?	Oliver Wendell Holmes Jr. is regarded as the intellectual father of American Legal Realism.
How did Holmes revolutionise legal thought?	Holmes shifted attention from abstract legal logic to the practical consequences of judicial decisions.
How did Holmes deny the formal study of law?	Holmes believed law cannot be understood merely by studying formal legal definitions or ideal theories of justice.
From what standpoint must law be examined according to Holmes?	Law must be examined from the standpoint of those actually affected by judicial action.
Which famous theory was propounded by Holmes?	Holmes propounded the Bad Man Theory.
From whose point of view should law be studied under the Bad Man Theory?	Law should be studied from the point of view of a bad man.
Who is a bad man according to Holmes?	A bad man is an accused or self-interested person unconcerned with moral ideals or theoretical legality.
With what is the bad man little concerned according to Holmes?	The bad man is little concerned with lofty principles proclaimed by law.
What is the real concern of the bad man according to Holmes?	His real concern is to know what the court is likely to do in his particular case.
What is law from the practical standpoint according to Holmes?	Law is a prediction of judicial behaviour.
What conclusion did Holmes draw from the Bad Man Theory?	Holmes concluded that the life of law is not logic but experience.
What gives law its real content according to Holmes?	The manner in which judges apply the written rule in actual disputes gives law its real content.
In what is the practical lawyer less interested according to Holmes?	The practical lawyer is less interested in doctrinal statements.
In what is the practical lawyer more interested according to Holmes?	The practical lawyer is more interested in forecasting the probable judicial response.
What role of judges in legal development was recognised by Holmes?	Holmes recognised the creative role of judges in legal development.
When do judges frequently use precedents according to Holmes?	Judges frequently use precedents when there is a gap or uncertainty in law.
Are precedents applied mechanically according to Holmes?	No, precedents are not applied in a purely mechanical fashion.
How are precedents dealt with by judges according to Holmes?	Precedents are selected, interpreted and adapted according to demands of justice and practical necessity.
What must a judge do when the law is not clear according to Holmes?	The judge must decide in the best possible way to do justice.
What does adjudication inevitably involve according to Holmes?	Adjudication inevitably involves policy, experience and social judgment.
Can adjudication be reduced to automatic application of fixed legal rules according to Holmes?	No, adjudication cannot be reduced to automatic application of fixed legal rules.
How did Holmes prepare the way for later realists?	Holmes showed that judicial discretion and practical reasoning are inseparable from administration of law.
On what proposition does Holmes’s jurisprudential philosophy rest?	It rests on the proposition that law is essentially a prophecy of what courts will in fact do.
In light of what must legal certainty be understood according to Holmes?	Legal certainty must be understood in the light of judicial experience rather than abstract theory.

SCANDINAVIAN REALISM
What is the subject matter of Scandinavian Realism?	Scandinavian Realism is an important branch of realist jurisprudence developed in Scandinavian countries.
In which countries did Scandinavian Realism mainly develop?	Scandinavian Realism mainly developed in countries such as Sweden and Denmark.
Apart from which movement did Scandinavian Realism emerge as another branch of realism?	Scandinavian Realism emerged apart from the American Realist movement.
On what did American Realism mainly concentrate in contrast to Scandinavian Realism?	American Realism mainly concentrated on the behaviour of judges and uncertainty of judicial decisions.
What was the character of Scandinavian Realism as compared to American Realism?	Scandinavian Realism was more philosophical in character.
Against what did Scandinavian Realism direct its attack?	Scandinavian Realism directed its attack against metaphysical and abstract notions in law.
How has Dr. Allen described Scandinavian Realism?	Dr. Allen described Scandinavian Realism as metaphysical scepticism.
How has Dr. Allen described American Realism?	Dr. Allen described American Realism as rule scepticism.
What is meant by American Realism being rule scepticism?	It means American Realists doubted the certainty and practical operation of legal rules.
What is meant by Scandinavian Realism being metaphysical scepticism?	It means Scandinavian Realists doubted the philosophical assumptions on which traditional jurisprudence rested.
Did Scandinavian Realists go further than American Realists in scepticism?	Yes, Scandinavian Realists went further by doubting the very philosophical foundations of law.
Which concepts were rejected by Scandinavian Realists?	Scandinavian Realists rejected natural law, inherent rights, moral ideals and abstract justice.
On what ground were these concepts rejected by Scandinavian Realists?	They were rejected on the ground that they are not observable legal realities but merely speculative ideas.

AXEL HAGERSTROM’S (1896-1939)
What is the subject matter of Axel Hägerström’s jurisprudential contribution?	Axel Hägerström’s jurisprudential contribution relates to the factual and anti-metaphysical study of law.
How is Axel Hägerström regarded in Scandinavian Realism?	Axel Hägerström is regarded as the founding father of Realism in Sweden and the pioneer of Scandinavian Realist thought.
Against what did Hägerström launch a vigorous attack?	Hägerström launched a vigorous attack on metaphysical legal philosophy.
With what must jurisprudence concern itself according to Hägerström?	Jurisprudence must concern itself only with facts capable of practical verification.
What did Hägerström say regarding justice, rights, duty and moral obligation?	Hägerström said these notions have no objective existence apart from human feelings and social attitudes.
Why should justice, rights, duty and moral obligation not be treated as independent legal realities?	Because they have no objective existence apart from human feelings and social attitudes.
As what must law be studied according to Hägerström?	Law must be studied as a phenomenon of social force and practical behaviour.
As what should law not be studied according to Hägerström?	Law should not be studied as an embodiment of ethical or metaphysical truth.
From what did Hägerström purify legal study?	Hägerström purified legal study from all transcendental and idealistic assumptions.

KARL OLIVECRONA’S (1897- 1908)
What is the subject matter of Karl Olivecrona’s jurisprudential contribution?	Karl Olivecrona’s jurisprudential contribution relates to the empirical and anti-metaphysical study of legal rules.
How is Karl Olivecrona regarded in Scandinavian Realism?	Karl Olivecrona is regarded as another important Scandinavian Realist.
Whose approach was carried forward by Olivecrona?	Olivecrona carried forward Hägerström’s anti-metaphysical approach.
Of what should law be stripped according to Olivecrona?	Law should be stripped of all a priori notions of Natural Law, abstract conceptions and idealism.
Why should law be stripped of a priori notions according to Olivecrona?	Because they are theoretical assumptions lacking practical utility.
With what should legal science deal according to Olivecrona?	Legal science should deal only with social facts capable of empirical observation.
How did Olivecrona view legal rules?	Olivecrona viewed legal rules as socially organised directives influencing human conduct.
How did Olivecrona deny mystical authority of legal rules?	He denied that legal rules are commands possessing mystical authority.
What is law according to Olivecrona?	Law is a practical instrument of social control.
What is law not according to Olivecrona?	Law is not a moral or metaphysical ideal.

NATURAL SCHOOL
What is the subject matter of Natural Law Theory?	Natural Law Theory relates to the search for absolute justice, universal morality and ideal legal order.
What place does Natural Law Theory occupy in jurisprudence?	Natural Law Theory occupies a place of great antiquity and enduring significance in the history of jurisprudence.
What does Natural Law Theory represent?	Natural Law Theory represents mankind’s perpetual quest for absolute justice, universal morality and ideal legal order.
On what does positive law depend in contrast to Natural Law?	Positive law depends upon legislative enactment and State authority.
On what is Natural Law founded?	Natural Law is founded upon the belief in higher principles of right, reason and fairness inherent in human nature.
What kind of principles are recognised by Natural Law Theory?	Natural Law Theory recognises certain higher principles of right, reason and fairness.
Where are these higher principles located according to Natural Law Theory?	These higher principles are inherent in human nature.
How do Natural Law principles stand in relation to man-made law?	They stand above man-made law.
What function do superior principles of Natural Law perform?	They serve as the ultimate standard for judging the validity and justice of enacted laws.
Is the practical importance of Natural Law merely theoretical?	No, the practical importance of Natural Law is both theoretical and historical.
Behind what movements has Natural Law acted as a powerful intellectual force?	Natural Law has acted as a powerful intellectual force behind movements for liberty, equality and human rights.
What did Natural Law generate in political thought?	Natural Law generated a strong wave of liberalism and individual freedom.
What did Natural Law inspire people to challenge?	Natural Law inspired people to challenge arbitrary authority and oppressive governments.
Against what rule did ideals of natural justice encourage resistance?	They encouraged resistance against totalitarian and despotic rule.
In which political upheavals did Natural Law ideals play a decisive role?	Natural Law ideals played a decisive role in the political upheavals of France and Germany.
In whose name did people revolt against unjust systems according to the passage?	People revolted in the name of higher justice and freedom.
What observation has Wolfgang Friedmann made about Natural Law?	Wolfgang Friedmann observed that the history of Natural Law is a tale of mankind’s search for absolute justice and its failure.
What does Friedmann’s observation indicate?	It indicates that no single fixed conception of perfect justice has remained permanent.
Why has no fixed conception of Natural Law remained permanent?	Because social, political and economic conditions constantly change.
What happens to Natural Law notions with changing conditions?	The notions and formulations of Natural Law undergo corresponding changes.
Is Natural Law a static doctrine?	No, Natural Law is a continuously evolving ideal.
What was believed regarding Natural Law in ancient societies?	Natural Law was believed to have a divine origin.
By whom was Natural Law considered implanted in ancient societies?	It was considered implanted by gods or by cosmic order.
To what was human law expected to conform in ancient societies?	Human law was expected to conform to the sacred standard of Natural Law.
What basis did Natural Law acquire during the mediaeval period?	Natural Law acquired a strongly religious and supernatural basis.
With what was Natural Law closely associated in the mediaeval period?	It was associated with divine will, Christian theology and moral commandments.
What perspective did Natural Law assume in modern times?	Natural Law assumed a more political and rational perspective.
With what was Natural Law linked in modern times?	Natural Law was linked with natural rights, individual liberty, social contract, constitutionalism and resistance to tyrannical State power.
Through what has Natural Law Theory passed?	Natural Law Theory has passed through different historical phases.
What has remained the central concern of Natural Law in every phase?	Its central concern has remained the discovery of a higher law of justice to measure imperfections of positive law.

THE MAIN CHARACTERISTICS OF NATURAL LAW
What is the subject matter of the main characteristics of Natural Law?	The main characteristics of Natural Law relate to its moral, universal, idealistic and justice-oriented nature.
By what is Natural Law Theory distinguished?	Natural Law Theory is distinguished by certain fundamental characteristics setting it apart from analytical or empirical approaches.
What is the first essential characteristic of Natural Law Theory?	Natural Law Theory is essentially an a priori method of legal reasoning.
What is meant by Natural Law being an a priori method?	It proceeds from pre-existing principles of reason, justice and morality to deduce legal standards.
From what does Natural Law attempt to deduce legal standards?	Natural Law attempts to deduce legal standards from higher ideals of reason, justice and morality.
Does Natural Law begin with observation of enacted legal rules or social facts?	No, Natural Law does not begin with observation of enacted legal rules or social facts.
With what does Natural Law begin?	Natural Law begins with assumptions about what is inherently right and just.
Which method is contrasted with the Natural Law approach?	The empirical or a posteriori method is contrasted with the Natural Law approach.
How does the empirical method seek to discover law?	The empirical method seeks to discover law by examining actual causes, historical development, social behaviour and practical reasons.
With what is the empirical method concerned?	The empirical method is concerned with what law is and why it operates in a particular manner.
With what is the Natural Law method primarily concerned?	The Natural Law method is primarily concerned with what law ought to be according to universal standards of justice.
What is another important characteristic of Natural Law?	Natural Law places primary emphasis upon moral ideals having universal applicability.
Which moral ideals are treated as universally valid under Natural Law?	Principles of fairness, good faith, reasonableness and human dignity are treated as universally valid.
Are Natural Law moral ideals confined by time and place?	No, they are valid for all societies irrespective of time and place.
What do these moral ideals constitute under Natural Law?	These moral ideals constitute the higher law.
Against what is justice of positive legal systems tested?	Justice of positive legal systems is tested against the higher law of moral ideals.
What character does Natural Law give to jurisprudence?	Natural Law gives jurisprudence a normative and evaluative character.
Has Natural Law served identical political purposes in all ages?	No, Natural Law has served different political purposes in different ages.
How did John Locke use Natural Law?	John Locke used Natural Law as an instrument of change.
Which inherent rights were asserted by John Locke under Natural Law?	John Locke asserted inherent rights to life, liberty and property.
What right against government was recognised by Locke?	People may resist governments which violate natural rights.
For what did Locke employ Natural Law philosophically?	Locke employed Natural Law for political reform, constitutionalism and individual freedom.
How did Thomas Hobbes use Natural Law?	Thomas Hobbes used Natural Law as an instrument for maintaining status quo and social order.
What did Hobbes emphasise under Natural Law?	Hobbes emphasised the necessity of strong sovereign authority to prevent chaos.
What did Natural Law become in Hobbes’s hands?	Natural Law became a means of justifying obedience and political stability.
Which modern constitutional concepts are deeply rooted in Natural Law philosophy?	Rule of Law and Due Process of Law are deeply rooted in Natural Law philosophy.
Why are Rule of Law and Due Process rooted in Natural Law?	Because they insist that State power must operate according to fairness, reasonableness and justice rather than arbitrary will.
What conviction of Natural Law is reflected in Rule of Law and Due Process?	They reflect the conviction that a higher standard of right exists above mere legislative command.
What do the main characteristics of Natural Law reveal it to be?	Natural Law is revealed as a moral, universal, idealistic and justice-oriented theory constantly evaluating positive law by higher human values.

HISTORICAL DEVELOPMENT OF NATURAL LAW
What is the subject matter of the historical development of Natural Law?	The historical development of Natural Law relates to the changing forms of mankind’s search for higher justice.
Has the doctrine of Natural Law remained uniform throughout history?	No, the doctrine of Natural Law has not remained uniform or static throughout history.
Why has the content of Natural Law changed from age to age?	Because prevailing social, political and religious conditions have changed from age to age.
With what is Natural Law essentially concerned?	Natural Law is essentially concerned with mankind’s search for higher justice.
Into how many major periods is the development of Natural Law generally divided?	The development of Natural Law is generally divided into four major periods.
What does each major period of Natural Law reflect?	Each major period reflects a distinct understanding of the source and function of higher law.
Which is the first stage in the development of Natural Law?	The first stage is the Ancient Period.
With what was Natural Law associated during the Ancient Period?	Natural Law was associated with divine order, reason and inherent harmony of the universe.
How did ancient Greek and Roman thinkers regard natural justice?	They regarded natural justice as rooted in cosmic reason and the rational nature of man.
Which is the second stage in the development of Natural Law?	The second stage is the Mediaeval Period.
What complexion did Natural Law acquire during the Mediaeval Period?	Natural Law acquired a predominantly religious and theological complexion.
How was law viewed during the Mediaeval Period?	Law was viewed as an expression of divine will.
With what were principles of justice connected during the Mediaeval Period?	Principles of justice were connected with Christian morality and ecclesiastical authority.
Which is the third stage in the development of Natural Law?	The third stage is the Period of Renaissance.
Under what influences did Natural Law transform during the Renaissance?	Natural Law transformed under the influence of humanism, rationalism and decline of ecclesiastical domination.
What did jurists begin to emphasise during the Renaissance?	Jurists began to emphasise reason and individual rights rather than purely religious authority.
For what did Natural Law become a basis during the Renaissance?	Natural Law became a basis for political liberty and social contract theories.
Which is the fourth stage in the development of Natural Law?	The fourth stage is the Modern Period.
In what refined form did Natural Law reappear in the Modern Period?	Natural Law reappeared as a philosophy of human rights, constitutionalism, rule of law and due process.
What did Natural Law become in the Modern Period?	Natural Law became a powerful instrument for resisting arbitrary State action and asserting universal standards of justice.
What has always remained the essential objective of Natural Law despite changing forms?	The essential objective has remained the search for a higher law of justice superior to positive enactments.

NATURAL LAW IN THE ANCIENT PERIOD
What is the subject matter of Natural Law in the Ancient Period?	Natural Law in the Ancient Period relates to the discovery of a universal higher law rooted in nature, reason and cosmic harmony.
Where are the earliest traces of Natural Law found?	The earliest traces of Natural Law are found in the philosophical speculations of ancient Greek thinkers.
What did ancient Greek thinkers attempt to discover?	Ancient Greek thinkers attempted to discover a universal order governing nature and human conduct.
What did ancient thinkers believe existed beyond changing laws made by men?	They believed there exists a higher law inherent in the structure of the universe.
Was this higher law dependent upon political authority?	No, this higher law was not dependent upon political authority.
In what was the higher law rooted according to ancient thinkers?	The higher law was rooted in eternal principles of nature, reason and cosmic harmony.
Who was among the earliest philosophers contributing to the idea of Natural Law?	Heraclitus was among the earliest philosophers contributing to the idea of Natural Law.

HERACLITUS- (530-470 BC)
What is the subject matter of Heraclitus’s jurisprudential contribution?	Heraclitus’s jurisprudential contribution relates to the primitive foundation of Natural Law thought.
How is Heraclitus regarded in Natural Law thought?	Heraclitus is regarded as one of the earliest Greek philosophers laying the primitive foundation of Natural Law.
What did Heraclitus believe governs the universe?	Heraclitus believed the universe is governed by an underlying rational order.
To what must human life conform according to Heraclitus?	Human life must conform to universal harmony.
How many principal characteristics of the law of nature were recognised by Heraclitus?	Heraclitus recognised three principal characteristics of the law of nature.
What are the three principal characteristics of the law of nature according to Heraclitus?	The three principal characteristics are destiny, order and reason.
What is the first characteristic of the law of nature according to Heraclitus?	The first characteristic is destiny.
What is meant by destiny according to Heraclitus?	Destiny means an inevitable and universal force guiding the course of events in the world.
Are human institutions entirely arbitrary according to Heraclitus?	No, human institutions are subject to a larger natural necessity.
What is the second characteristic of the law of nature according to Heraclitus?	The second characteristic is order.
How did Heraclitus describe the governance of the universe under order?	The universe is governed by a systematic and harmonious arrangement, not by chaos.
To what did Heraclitus compare human conduct and social life?	He compared them with the regular pattern followed by the physical world.
By what must human conduct and social life be regulated according to Heraclitus?	Human conduct and social life must be regulated by an orderly principle.
What earliest basis was supplied by Heraclitus’s idea of order?	It supplied the earliest basis for the belief that law should reflect the natural order of things.
What is the third and most significant characteristic of the law of nature according to Heraclitus?	The third and most significant characteristic is reason.
How did Heraclitus treat reason in Natural Law?	Heraclitus treated reason as one of the essential elements of Natural Law.
Why are human beings capable of understanding universal order according to Heraclitus?	Because human beings are rational creatures.
On what does validity of law lie according to Heraclitus?	The validity of law lies in its conformity with rational principles.
Does validity of law lie merely in force or command according to Heraclitus?	No, validity of law does not lie merely in force or command.
What does reason enable man to distinguish according to Heraclitus?	Reason enables man to distinguish justice from injustice.
What does reason enable man to discover according to Heraclitus?	Reason enables man to discover universal norms which ought to govern society.
What earliest germ of Natural Law doctrine is found in Heraclitus?	There exists a rational and orderly law of nature superior to fluctuating commands of rulers.

SOCRATES’S (470- 399 BC)
What is the subject matter of Socrates’s jurisprudential contribution?	Socrates’s jurisprudential contribution relates to the ethical and rational development of Natural Law.
What significant shift did Socrates bring in legal philosophy?	Socrates shifted legal philosophy from the external order of nature to the moral insight of man.
What inherent faculty do human beings possess according to Socrates?	Human beings possess an inherent faculty of rational understanding or human insight.
What can human beings distinguish through rational understanding according to Socrates?	Human beings can distinguish between good and bad, just and unjust.
What does rational conscience enable man to discover according to Socrates?	Rational conscience enables man to discover principles of right conduct higher than political commands.
What important distinction was made by Socrates?	Socrates made a distinction between Legal Justice and Natural Justice.
What is Legal Justice according to Socrates?	Legal Justice consists of rules enacted by the State.
Can Legal Justice vary from one country to another?	Yes, Legal Justice may vary according to the statutory law prevailing in each place.
On what does Legal Justice depend according to Socrates?	Legal Justice depends upon positive legislation.
What is the nature of Legal Justice because of its dependence on legislation?	Legal Justice remains changeable and relative.
What is Natural Justice according to Socrates?	Natural Justice is founded upon universal reason and moral truth.
Is Natural Justice created by legislature according to Socrates?	No, Natural Justice is not created by any legislature.
To whom is Natural Justice uniformly applicable?	Natural Justice is uniformly applicable to all mankind irrespective of time, place or political system.
What does Natural Justice represent according to Socrates?	Natural Justice represents eternal principles of fairness and righteousness recognised by human reason.
Can a legally enacted positive law still be unjust according to Socrates?	Yes, a legally enacted positive law may still be unjust if it conflicts with Natural Justice.
What ethical dimension did Socrates give to Natural Law?	Socrates gave Natural Law a distinctly ethical dimension by linking law with moral reason.
How did Socrates say law must be judged?	Law must be judged by its conformity with universal standards of moral reason.
Should law be judged merely by formal existence according to Socrates?	No, law should not be judged merely by its formal existence.
What groundwork was laid by Socrates for later Greek philosophers?	Socrates laid the groundwork for developing Natural Law into a fuller theory of justice.

PLATO (427-347 BC)
What is the subject matter of Plato’s jurisprudential contribution?	Plato’s jurisprudential contribution relates to law as an instrument of ideal justice and rational governance.
How did Plato contribute to the Natural Law tradition?	Plato connected law with the idea of ideal justice and rational governance.
What is the true purpose of law according to Plato?	The true purpose of law is to create a just social arrangement in harmony with the common good.
Is the purpose of law merely to maintain external order according to Plato?	No, the purpose of law is not merely to maintain external order.
How should every individual function in Plato’s just social arrangement?	Every individual should perform his proper function in harmony with the common good.
By what must law be guided according to Plato?	Law must be guided by wisdom, morality and pursuit of the ideal.
Which famous concept was developed by Plato?	Plato developed the concept of the Ideal State.
In which celebrated work did Plato describe the Ideal State?	The Republic.
Why would justice prevail in Plato’s Ideal State?	Because society would be organised according to reason and each class would discharge duties according to natural capacity.
According to what would each class discharge its duties in Plato’s Ideal State?	Each class would discharge its duties in accordance with its natural capacity.
What did Plato consider as the supreme virtue of political life?	Plato considered justice as the supreme virtue of political life.
How did Plato view law in relation to justice?	Plato viewed law as the means through which just order could be maintained.
What central contention did Plato make regarding rulers?	Plato contended that only intelligent and worthy persons should govern as kings.
Why did Plato distrust ordinary rulers?	Because ordinary rulers driven by selfish ambition cannot secure justice for society.
Who should rule the State according to Plato?	The State should be ruled by philosopher-kings.
Who are philosopher-kings according to Plato?	Philosopher-kings are persons possessing wisdom, rational understanding and moral excellence.
Why would laws framed by philosopher-kings conform to higher justice?	Because they would govern according to reason rather than passion.
In what does Plato’s contribution to Natural Law mainly lie?	Plato insisted that law must reflect an ideal moral order.
What did Plato say regarding political authority?	Political authority must be entrusted to wisdom and virtue rather than mere force.

ARISTOTLE (384-322 BC)
What is the subject matter of Aristotle’s jurisprudential contribution?	Aristotle’s jurisprudential contribution relates to the practical and rational foundation of Natural Law.
How did Aristotle carry forward the Natural Law doctrine?	Aristotle carried forward Natural Law by giving it a more practical and rational foundation.
How did Aristotle differ from Plato in approach?	Aristotle explained law in relation to the nature of man and functioning of society rather than pure idealism.
In how many distinct ways is man a part of nature according to Aristotle?	Man is a part of nature in two distinct ways.
What is the first way in which man is part of nature according to Aristotle?	Man is a creation of the divine natural order.
What is the second way in which man is part of nature according to Aristotle?	Man is endowed with insight and reason distinguishing him from other living beings.
Why is man capable of understanding natural justice according to Aristotle?	Because man possesses rational faculty.
What can man understand through rational faculty according to Aristotle?	Man can understand what is naturally just and what is contrary to nature.
How did Aristotle define Natural Law?	Aristotle defined Natural Law as reason unaffected by desires.
What is meant by Natural Law being reason unaffected by desires?	It consists of principles of justice discovered by pure rational judgment free from selfish passions and inclinations.
By what are human desires often characterised according to Aristotle?	Human desires are often partial and unstable.
What does reason enable man to perceive according to Aristotle?	Reason enables man to perceive universal norms which are fair, balanced and naturally right.
On what does authority of Natural Law rest according to Aristotle?	Authority of Natural Law rests upon rational objectivity.
From where do ideas of Natural Law emanate according to Aristotle?	Ideas of Natural Law emanate from the human conscience.
Do ideas of Natural Law emanate merely from the human mind according to Aristotle?	No, they do not emanate merely from the human mind.
With what is Natural Law connected apart from intellectual reasoning according to Aristotle?	Natural Law is connected with the inner moral sense of justice.
Towards what does inner moral sense guide man according to Aristotle?	It guides man towards fairness and right conduct.
What dual dimension did Aristotle give to Natural Law?	Aristotle gave Natural Law both a rational and an ethical dimension.
What limitation existed in Aristotle’s theory?	Aristotle attempted to justify slavery as a part of nature.
How did Aristotle attempt to justify slavery?	He argued that some persons are naturally fitted to command while others are naturally fitted to obey.
Why has Aristotle’s justification of slavery been criticised?	Because it is inconsistent with later Natural Law ideals of equality and universal human dignity.
What is Aristotle’s enduring contribution to Natural Law?	Aristotle insisted that a higher law of rational justice exists above enacted rules.
By what must law be guided according to Aristotle?	Law must be guided by reason purified from selfish desires.

NATURAL SCHOOL IN THE MEDIAEVAL PERIOD
What is the subject matter of Natural Law in the Mediaeval Period?	Natural Law in the Mediaeval Period relates to its religious and theological foundation.
Which phase does the Mediaeval Period mark in development of Natural Law?	The Mediaeval Period marks the second important phase in the development of Natural Law.
On what did ancient Greek thinkers primarily base Natural Law?	Ancient Greek thinkers primarily based Natural Law on reason and the rational nature of man.
On what did mediaeval jurists place Natural Law?	Mediaeval jurists placed Natural Law upon a distinctly religious and theological foundation.
By whom was the Mediaeval Period largely dominated?	The Mediaeval Period was largely dominated by the Christian Fathers.
In the light of what did Christian Fathers interpret law, justice and political authority?	They interpreted law, justice and political authority in the light of divine will and Christian morality.
With what view did Christian philosophers propagate their doctrines?	They propagated their doctrines to establish the superiority of the Church over the State.
Why did Christian philosophers subordinate temporal power to the Church?	Because they maintained that all authority ultimately flows from God.
To what must temporal power of kings and rulers remain subordinate?	Temporal power must remain subordinate to the higher spiritual authority represented by the Church.
How was law regarded during the Mediaeval Period?	Law was regarded as a manifestation of divine justice intended to govern rulers and subjects.
Was law regarded merely as a product of human reason in the Mediaeval Period?	No, law was not regarded merely as a product of human reason.
What was Natural Law according to mediaeval thinkers?	Natural Law was that part of eternal divine law understood by human beings through reason and religious conscience.
With what did the concept of justice become inseparably connected during this period?	The concept of justice became inseparably connected with obedience to God’s moral order.
How was a man-made law contradicting divine principles viewed?	A man-made law contradicting divine principles was considered deficient and lacking true legitimacy.
Into what did the Mediaeval Period transform Natural Law?	The Mediaeval Period transformed Natural Law into a theological doctrine.
On what did validity of positive law depend during the Mediaeval Period?	Validity of positive law depended upon conformity with Christian ethics, religious duty and divine law of God.

SAINT THOMAS AQUINAS (1225- 1274)
What is the subject matter of Thomas Aquinas’s jurisprudential contribution?	Thomas Aquinas’s jurisprudential contribution relates to the systematic theological formulation of Natural Law.
How is Thomas Aquinas regarded in the Mediaeval Period of Natural Law?	Thomas Aquinas is regarded as the greatest exponent of Natural Law during the Mediaeval Period.
What form did Aquinas give to Natural Law theory?	Aquinas gave Natural Law theory its most systematic theological form.
What did Aquinas seek to harmonise?	Aquinas sought to harmonise Christian theology with Aristotelian philosophy.
From what does all law derive ultimately according to Aquinas?	All law derives ultimately from the divine wisdom of God.
By what is the universe governed according to Aquinas?	The universe is governed by a rational moral order established by the Creator.
When can human law claim legitimacy according to Aquinas?	Human law can claim legitimacy only when it conforms to the superior divine order.
Into how many categories did Aquinas divide laws?	Aquinas divided laws into four categories.
What are the four categories of laws according to Aquinas?	The four categories are Eternal Law, Natural Law, Divine Law and Human Law.
What is the first category of law according to Aquinas?	The first category is the Law of God or Eternal Law.
What is Eternal Law according to Aquinas?	Eternal Law is the supreme rational plan by which God governs the entire universe.
What is the ultimate source of all order, justice and morality according to Aquinas?	Eternal Law is the ultimate source of all order, justice and morality.
How are other forms of law related to Eternal Law?	All other forms of law are subordinate manifestations of divine wisdom.
What is the second category of law according to Aquinas?	The second category is Natural Law.
How did Aquinas describe Natural Law?	Natural Law is that part of Eternal Law revealed to human beings through reason.
Why are human beings capable of understanding Natural Law according to Aquinas?	Because man possesses rational faculty.
What does Natural Law enable human beings to do according to Aquinas?	Natural Law enables human beings to participate in the eternal moral order of God.
What is the third category of law according to Aquinas?	The third category is Divine Law.
What does Divine Law consist of according to Aquinas?	Divine Law consists of the law revealed in sacred scriptures.
Why did Aquinas consider Divine Law necessary in addition to Natural Law?	Because human reason is not always sufficient to grasp the fullness of divine will.
What does Divine Law provide according to Aquinas?	Divine Law provides spiritual guidance and supplements Natural Law.
What is the fourth category of law according to Aquinas?	The fourth category is Human Law or Positive Law.
What is Human Law according to Aquinas?	Human Law consists of actual laws framed by human authorities for regulating social life.
When are positive laws valid according to Aquinas?	Positive laws are valid only when they derive support from Natural Law and Eternal Law.
Who possesses authority to interpret Divine Law according to Aquinas?	The Church possesses authority to interpret Divine Law.
Why does the Church possess authority to interpret Divine Law according to Aquinas?	Because the Church is the spiritual guardian of Christian morality and divine commandments.
What did this belief strengthen during the mediaeval age?	It strengthened the supremacy of ecclesiastical authority.
To what extent should Positive Law be obeyed according to Aquinas?	Positive Law should be obeyed only to the extent that it is compatible with Natural Law or Eternal Law.
When does a human law cease to be a true law according to Aquinas?	A human law ceases to be a true law when it is contrary to reason, morality or divine justice.
What does a human law lose when contrary to divine justice according to Aquinas?	It loses its moral legitimacy.
To what did Aquinas firmly subordinate man-made law?	Aquinas firmly subordinated man-made law to higher principles of divine and natural justice.
What did Aquinas establish through his classification of laws?	Aquinas established that law derives authority from conformity with reason and divine morality rather than mere political power.

NATURAL LAW IN THE PERIOD OF RENAISSANCE
What is the subject matter of Natural Law in the Period of Renaissance?	Natural Law in the Period of Renaissance relates to its transformation from theological doctrine to secular rational philosophy.
Which phase does the Period of Renaissance mark in development of Natural Law?	The Period of Renaissance marks the third major phase in the development of Natural Law.
From what does the Renaissance Period represent a departure?	It represents a departure from the theological dominance of the mediaeval age.
By what was the Renaissance Period characterised?	The Renaissance Period was characterised by growth of rationalism, humanism and new intellectual ideas.
On what did men begin to place increasing reliance during the Renaissance?	Men began to place increasing reliance on human reason.
Upon what did men rely less during the Renaissance?	Men relied less solely upon ecclesiastical authority.
Towards what did legal philosophy start moving during the Renaissance?	Legal philosophy started moving towards secular and political theories.
Away from what did legal philosophy move during the Renaissance?	Legal philosophy moved away from purely religious explanations.
What major factor was responsible for transformation of Natural Law during the Renaissance?	The tremendous growth of trade and commerce in European countries.
What did the expansion of mercantile activity give rise to?	The expansion of mercantile activity gave rise to new social and economic classes.
Which particular class emerged strongly due to mercantile growth?	The commercial middle class emerged strongly.
What legal protections were required by the new commercial classes?	They required greater legal protection of property, contracts and personal liberty.
Why were new classes dissatisfied with theological control of the Church?	Because they demanded a legal order based on reason, individual rights and political security.
What political wave did Europe witness during the Renaissance?	Europe witnessed a powerful wave of nationalism.
What did emerging nation-states seek during this period?	Emerging nation-states sought political consolidation.
What recognition did emerging nation-states demand?	They demanded recognition of the absolute sovereignty of the State.
What strong tendency arose with emergence of nationalism?	A tendency arose to assert supremacy of secular political authority and positive law.
Over what was secular political authority asserted?	It was asserted over the earlier ecclesiastical domination of the Church.
What monopoly did the Church gradually lose?	The Church gradually lost its monopoly over interpretation of justice and law.
As what did legal thinkers begin to treat the State?	Legal thinkers began to treat the State as the principal organiser of civil order.
What did jurists of the Renaissance increasingly deny?	Jurists of the Renaissance increasingly denied the overriding authority of the Church.
On what did Renaissance jurists lay greater emphasis?	Renaissance jurists laid greater emphasis on sovereignty, reason and rights of man.
Was Natural Law abandoned during the Renaissance?	No, Natural Law was not abandoned.
What new form was given to Natural Law during the Renaissance?	Natural Law was given a more rational and political form.
As what was Natural Law invoked during the Renaissance apart from divine morality?	It was invoked as a standard of human reason supporting social contract, State authority, civil liberty and political organisation.
Into what did the Renaissance transform Natural Law?	The Renaissance transformed Natural Law into a secular philosophy of rational governance and political legitimacy.

HUGO GROTIUS 1583-1645
What is the subject matter of Hugo Grotius’s contribution in the Renaissance Period?	Hugo Grotius’s contribution in the Renaissance Period relates to the secular, rational and political transformation of Natural Law.
How is Hugo Grotius regarded in the Renaissance Period of Natural Law?	Hugo Grotius is regarded as one of the most distinguished jurists of the Renaissance Period.
As what is Hugo Grotius often regarded in legal history?	Hugo Grotius is often regarded as the founder of modern Natural Law and the father of International Law.
What orientation did Grotius give to Natural Law?	Grotius gave Natural Law a more secular, rational and political orientation.
From what did Grotius free Natural Law?	Grotius freed Natural Law from the exclusively theological framework of mediaeval jurists.
In what age did Grotius formulate his theory?	Grotius formulated his theory in an age marked by wars, political instability and emergence of sovereign nation-states.
What did Grotius seek to formulate in this disturbed age?	Grotius sought to formulate universal principles of justice regulating individuals and relations among States.
What was one of Grotius’s most important contributions?	He propounded the principles of International Law equally applicable to all States.
How did Grotius compare individuals and nations under law?	Just as individuals are governed by right and wrong, nations too are bound by universal norms of conduct.
On what are universal norms of conduct among States founded according to Grotius?	They are founded upon reason, justice and mutual respect.
How did Grotius extend Natural Law?	Grotius extended Natural Law beyond municipal law.
Into what did Grotius transform Natural Law by extending it?	He transformed Natural Law into a universal standard for international peace and civilized intercourse.
From whose conception did Grotius depart significantly?	Grotius departed significantly from the mediaeval conception of Thomas Aquinas.
How had Aquinas treated Natural Law?	Aquinas treated Natural Law as participation in Eternal Divine Law through reason.
What independent character did Grotius give to Natural Law?	Grotius gave Natural Law an independent rational character.
On what did Grotius found Natural Law?	Grotius founded Natural Law on right reason.
What is meant by right reason according to Grotius?	Right reason means sound and morally directed rational judgment discerning what is just, fair and necessary for peaceful coexistence.
How did right reason make Natural Law different from mediaeval theology?	It made Natural Law less dependent on ecclesiastical theology and more accessible to secular political philosophy.
What conservative position did Grotius adopt regarding political obedience?	Grotius believed that however bad a ruler may be, subjects must obey him.
What was Grotius’s principal concern regarding government?	Grotius’s principal concern was preservation of political stability and orderly government.
Why did Grotius consider sovereign authority essential?	Because Europe was suffering from civil disturbances, dynastic conflicts and international wars.
For preventing what was sovereign authority considered essential by Grotius?	Sovereign authority was considered essential for preventing chaos.
As what did Natural Law serve in Grotius’s theory apart from a standard of justice?	Natural Law served as a means for ensuring stability of political order and maintenance of international peace.
What urgent necessities of Grotius’s age did his Natural Law seek to secure?	It sought to secure political stability and international peace.
Why does Grotius occupy a pivotal position in the history of Natural Law?	Because he transformed Natural Law from a theological doctrine into a rational and secular philosophy supporting State sovereignty and international legal order.

THOMAS HOBBES 1588-1679
What is the subject matter of Thomas Hobbes’s jurisprudential contribution?	Thomas Hobbes’s jurisprudential contribution relates to the political and security-oriented use of Natural Law for sovereign authority.
How is Thomas Hobbes regarded in the Renaissance and early modern period?	Thomas Hobbes is regarded as one of the most influential political philosophers of the Renaissance and early modern period.
For what did Hobbes employ Natural Law?	Hobbes employed Natural Law as a basis for explaining origin of the State and necessity of sovereign authority.
What interpretation did Hobbes give to Natural Law?	Hobbes gave Natural Law a strongly political and security-oriented interpretation.
For what did Hobbes primarily use Natural Law?	Hobbes primarily used Natural Law to justify the absolute authority of the ruler.
Why did Hobbes justify absolute authority of the ruler?	To endow the ruler with sufficient power to protect his subjects.
Which famous theory was propounded by Hobbes regarding evolution of the State?	Hobbes propounded the Theory of Social Contract.
In what condition did mankind exist before organised political society according to Hobbes?	Mankind existed in the state of nature.
What was the state of nature according to Hobbes?	It was a primitive condition where every man was free to pursue his desires without common controlling authority.
Did unlimited freedom in the state of nature produce happiness according to Hobbes?	No, unlimited freedom produced chaos, insecurity and constant fear.
What resulted from unlimited freedom in the state of nature?	It resulted in mutual suspicion, insecurity and perpetual conflict.
How was life in the state of nature marked according to Hobbes?	Life in the state of nature was marked by misery, violence and uncertainty.
Why did men voluntarily enter into a social contract according to Hobbes?	To secure self-protection and avoid pain, misery and perpetual conflict.
What did men agree to do under the social contract according to Hobbes?	Men agreed to surrender their individual freedom and transfer their powers to a single mightiest authority.
For what purpose was power transferred to a single authority?	To maintain peace and protect life and property.
What did this supreme authority become?	This supreme authority became the Sovereign.
What did Hobbes support once sovereign authority was established?	Hobbes strongly supported its absolute power and undivided authority.
Did subjects retain enforceable rights against the sovereign according to Hobbes?	No, subjects retained no enforceable rights against the sovereign.
Why did Hobbes deny limitation on sovereign power?	Because limitation would expose society again to disorder and civil war.
What became the price of security according to Hobbes?	Obedience to the ruler became the price of security.
What is reflected in Hobbes’s statement that governments without sword are but words?	It reflects that law and political order require effective coercive power behind them.
Why are force and authority indispensable according to Hobbes?	Force and authority are indispensable for protection of civil society.
Which celebrated work systematically expounds Hobbes’s doctrine?	Leviathan.
Which later jurisprudential theory was influenced by Hobbes?	John Austin’s Imperative Theory of Law was influenced by Hobbes.
How is Austin’s Imperative Theory connected with Hobbes?	It is an outgrowth of Hobbes’s doctrine regarding absolutism of sovereign power.
How did Hobbes use Natural Law in political philosophy?	Hobbes used Natural Law as a philosophical justification for political order, security and obedience to an all-powerful sovereign.
Was Natural Law used by Hobbes as an instrument of revolution?	No, Hobbes did not use Natural Law as an instrument of revolution.

JEAN LOCKE 1632-1704
What is the subject matter of John Locke’s jurisprudential contribution?	John Locke’s jurisprudential contribution relates to the liberal interpretation of Natural Law through individual liberty and limited government.
Whose authoritarian conclusions were rejected by John Locke?	John Locke rejected the authoritarian conclusions of Thomas Hobbes.
What new interpretation did Locke give to social contract theory?	Locke gave a liberal interpretation to the theory of social contract.
How did Locke differ from Hobbes in using Natural Law?	Locke used Natural Law as the philosophical basis of individual liberty, natural rights and constitutionally limited government.
Did Locke accept Hobbes’s description of the state of nature?	No, Locke did not accept Hobbes’s description of the state of nature as unending fear and brutality.
How did Locke describe life in the state of nature?	Life in the state of nature was reasonably peaceful and enjoyable.
Why was the state of nature peaceful according to Locke?	Because human beings were governed by natural reason and awareness of mutual rights.
How could men live together in Locke’s state of nature?	Men could live together with a fair degree of freedom and equality.
What serious defect did Locke admit in the state of nature?	The insecurity of property and absence of an impartial authority to protect rights.
Why could disputes arise in Locke’s state of nature?	Because each person was left to defend his own claims without organised machinery.
Why did men enter into a social contract according to Locke?	Men entered into a social contract to secure proper protection of property.
Did Locke say men surrendered all freedoms under social contract?	No, Locke said men surrendered only a limited portion of their liberty.
Why was only limited liberty surrendered according to Locke?	To establish a civil government capable of impartially protecting rights.
Which essential natural rights continued with individuals after formation of the State according to Locke?	The rights to life, liberty and property continued with individuals.
For what was government created according to Locke?	Government was created to preserve natural rights more effectively.
Are natural rights prior to the State according to Locke?	Yes, natural rights are prior to the State.
Can a ruler lawfully violate natural rights according to Locke?	No, a ruler cannot lawfully violate natural rights.
What kind of government was strongly pleaded for by Locke?	Locke strongly pleaded for a constitutionally limited government.
How did Locke view political authority?	Political authority is only a trustee of the people.
Within what must political authority remain confined according to Locke?	Political authority must remain confined within legal and constitutional limits.
When are people justified in resisting government according to Locke?	When government becomes tyrannical and invades natural rights of citizens.
Into what did Locke transform Natural Law?	Locke transformed Natural Law into a doctrine of constitutionalism, individual freedom and restrained political authority.
What did Locke’s theory become in modern political thought?	Locke’s theory became a chief philosophical foundation of liberal democracy and modern human rights.

JEAN JACQUES 1712-1778
What is the subject matter of Jean-Jacques Rousseau’s jurisprudential contribution?	Jean-Jacques Rousseau’s jurisprudential contribution relates to Natural Law as a doctrine of popular sovereignty and democratic legitimacy.
What fresh interpretation did Rousseau give?	Rousseau gave a fresh and highly influential interpretation to the doctrines of Social Contract and Natural Law.
How had Hobbes and Locke treated the social contract according to Rousseau?	They treated the social contract as a basis for explaining the historical origin of political authority.
How did Rousseau describe the social contract?	Rousseau described the social contract as a hypothetical philosophical conception.
For what was the social contract devised according to Rousseau?	It was devised to explain the legitimate foundation of civil society.
What did men originally possess according to Rousseau?	Men originally possessed natural freedom and equality.
Why did men agree to unite together according to Rousseau?	To preserve natural freedom and equality more effectively within organised society.
Did Rousseau believe people surrendered rights to a single absolute ruler?	No, Rousseau did not believe people surrendered rights to a single absolute ruler.
Did Rousseau merely emphasise limited constitutional trusteeship like Locke?	No, Rousseau did not merely emphasise limited constitutional trusteeship.
To whom did individuals surrender their rights according to Rousseau?	Individuals surrendered their rights to the community as a whole.
What term did Rousseau give to this collective moral personality?	Rousseau termed it the General Will.
Where does sovereignty reside according to Rousseau?	Sovereignty resides in the General Will of the people.
Does sovereignty reside in any monarch according to Rousseau?	No, sovereignty does not reside in any monarch or separate governing authority.
Why is surrender of natural rights not a loss according to Rousseau?	Because every individual becomes a part of the collective will and receives organised civil advantages.
What does man give up under Rousseau’s social contract?	Man gives up unrestricted natural liberty.
What does man receive in return under Rousseau’s theory?	Man receives security and advantages of organised civil life.
What civil liberties does the individual receive back according to Rousseau?	The individual receives regulated freedom, civic equality and participation in collective self-government.
Which modern freedoms are included in Rousseau’s civil liberties?	Freedom of speech, civic dignity and legal equality under lawful social order.
To what do the State and laws remain subject according to Rousseau?	The State and laws remain subject to the General Will.
When does political authority have legitimacy according to Rousseau?	Political authority has legitimacy only so long as it reflects common will and common good.
When may governmental institutions be rejected by the people according to Rousseau?	When government becomes tyrannical or laws cease to conform to the General Will.
What significance did Rousseau’s ideas have politically?	Rousseau’s ideas had immense revolutionary significance.
What did Rousseau’s doctrine generate in Europe and the United States?	It generated nationalism, democratic consciousness and popular sovereignty.
To whom did Rousseau’s doctrine supply philosophical inspiration?	It supplied philosophical inspiration to people revolting against oppression.
To which revolutions did Rousseau’s principles substantially contribute?	They contributed to the French Revolution and the American Revolutionary War.
Into what did Rousseau transform Natural Law?	Rousseau transformed Natural Law into a doctrine of popular sovereignty, collective freedom and democratic legitimacy.

NATURAL LAW IN THE MODERN PERIOD
What is the subject matter of Natural Law in the Modern Period?	Natural Law in the Modern Period relates to the revival of value-oriented jurisprudence against rigid positivism.
What setback did Natural Law Theory suffer in the nineteenth century?	Natural Law Theory suffered a considerable setback due to rise of the Analytical School.
Who led the Analytical School that challenged Natural Law?	Jeremy Bentham and Austinled the Analytical School.
On what ground did positivist jurists reject Natural Law?	They rejected Natural Law as vague, ambiguous and misleading.
With what should jurisprudence concern itself according to positivists?	Jurisprudence should concern itself only with positive law laid down by the sovereign.
With what should jurisprudence not be burdened according to positivists?	Jurisprudence should not be burdened with speculative notions of morality, abstract justice or higher reason.
What connection did analytical jurists attempt to sever?	Analytical jurists attempted to sever the intimate connection between law and ethics.
What did the doctrines of Austin and Bentham completely divorce?	They completely divorced morality from law.
How did law come to be studied under positivism?	Law came to be studied as a command backed by sanction or as a body of enacted rules.
What question was ignored under positivist study of law?	Whether legal rules were just, fair or morally defensible was ignored.
Why did the positivist method dominate for some time?	Because it offered certainty, clarity and scientific precision.
Why did excessive positivism gradually fail to satisfy mankind?	Because a purely mechanical conception of law was inadequate for moral, social and humanitarian problems.
What could mere legal validity not answer in modern society?	Mere legal validity could not answer the growing demand for justice, fairness and protection of human dignity.
What social effects were produced by increasing materialism and industrialism?	Materialism and industrialism produced economic inequalities, exploitation and social unrest.
Into what did rapid industrial growth and political centralisation often reduce law?	They reduced law to a technical instrument of power rather than a means of human welfare.
What did this materialistic situation compel scholars to search for?	It compelled scholars to search for a value-oriented legal ideology restoring ethical content to jurisprudence.
What happened as a result of this search?	Natural Law began to re-emerge in a modernised form.
Was revived modern Natural Law based solely on divine commandments?	No, revived modern Natural Law was not based solely on divine commandments.
With what was revived Natural Law linked in the modern age?	Revived Natural Law was linked with human rights, constitutional morality, social justice and protection of fundamental freedoms.
What did jurists increasingly realise in the modern age?	Jurists realised that law cannot remain wholly indifferent to moral values.
Against what must positive enactments be judged according to revived Natural Law?	Positive enactments must be judged against broader standards of justice and reasonableness.
What paved the way for modern revival of Natural Law?	Inadequacy of rigid positivism and moral crisis of materialistic civilisation paved the way for its revival.

RUDOLF STAMMLER 1856-1938
What is the subject matter of Rudolf Stammler’s contribution to modern Natural Law?	Rudolf Stammler’s contribution relates to the modern revival of Natural Law through the theory of Natural Law with Variable Content.
How is Rudolf Stammler regarded in the modern revival of Natural Law?	Rudolf Stammler is regarded as one of the foremost jurists responsible for the modern revival of Natural Law.
Why could the old Natural Law doctrine not be accepted according to Stammler?	Because the old Natural Law doctrine was rigid while social conditions continuously change.
What defect of positivist jurisprudence was recognised by Stammler?	A purely positivist jurisprudence devoid of moral values is incapable of satisfying human demand for justice.
What did Stammler seek to reconcile?	Stammler sought to reconcile changing social conditions with the need for moral justice in law.
Which famous theory was propounded by Stammler?	Stammler propounded the theory of Natural Law with Variable Content.
What remains constant according to Stammler?	The idea of justice remains constant.
What may vary according to Stammler?	The concrete content through which justice is realised may vary from age to age and society to society.
What is the ultimate aim of law according to Stammler?	The ultimate aim of law is the establishment of a just social order.
Does the ultimate aim of law remain permanent according to Stammler?	Yes, the ultimate aim of law remains permanent.
Why cannot actual legal rules remain fixed according to Stammler?	Because human needs, economic conditions and social institutions are always changing.
What older belief regarding Natural Law was rejected by Stammler?	Stammler rejected the belief that Natural Law consists of one immutable set of universal legal commands.
Why did Stammler reject one immutable set of universal legal commands?	Because what is natural and just in one social situation may not be sufficient in another.
How must Natural Law be understood according to Stammler?	Natural Law must be understood as a permanent ideal of justice with changing practical applications.
Towards what should law always strive according to Stammler?	Law should always strive to harmonise individual interests with social welfare.
By what is justice of law judged according to Stammler?	Justice of law is judged by the extent to which it secures a fair and orderly social life.
Is positive law beyond criticism according to Stammler?	No, positive law is not beyond criticism.
In the light of what must positive law be continuously evaluated?	Positive law must be continuously evaluated in the light of the higher ideal of justness.
What did Stammler achieve through this doctrine?	Stammler gave Natural Law a modern and flexible form.
What did Stammler preserve while modernising Natural Law?	Stammler preserved its ethical objective.
From what criticism did Stammler free Natural Law?	Stammler freed Natural Law from the criticism of inflexibility.
What did Stammler’s theory become for twentieth century jurisprudence?	Stammler’s theory became one of the strongest foundations for the revival of value-oriented jurisprudence.
Which celebrated work of Stammler is a landmark in modern Natural Law?	Natural Law with Variable Content.

FULLER 1902-1978
What is the subject matter of Lon L. Fuller’s jurisprudential contribution?	Lon L. Fuller’s jurisprudential contribution relates to the modern revival of Natural Law through the necessary relation between law and morality.
How is Lon L. Fuller regarded in modern jurisprudence?	Lon L. Fuller is regarded as one of the most influential twentieth century jurists associated with the modern revival of Natural Law.
What school did Fuller strongly criticise?	Fuller strongly criticised strict legal positivism.
Which analytical thesis was particularly challenged by Fuller?	Fuller challenged the thesis that law and morality are completely separable.
How did Fuller relate law and morality?	Fuller maintained that law and morality are necessarily correlated.
When does a legal system lose its claim to genuine legality according to Fuller?	When it wholly disregards moral requirements.
What did Fuller analyse in detail?	Fuller analysed the concept of morality and its relationship with law.
Did Fuller treat morality as a single undivided notion?	No, Fuller treated morality as having different dimensions.
Between what two dimensions of morality did Fuller distinguish?	Fuller distinguished between morality as it is and morality as it ought to be.
What is meant by morality as it is according to Fuller?	Morality as it is means existing moral habits, accepted social standards and practical ethical expectations of a community.
What does morality as it is represent?	It represents the morality actually observed by people in day-to-day conduct.
What is meant by morality as it ought to be according to Fuller?	Morality as it ought to be means higher ideal standards of fairness, justice and good legal order.
What dual dimension did Fuller give to morality?	Fuller gave morality both a factual and an aspirational dimension.
What did Fuller argue regarding law and sanctions?	Fuller argued that law cannot function merely as a set of commands backed by sanctions.
What must law satisfy to be meaningful according to Fuller?	Law must satisfy minimum principles of fairness, consistency and rationality.
In which celebrated work did Fuller explain internal morality of law?	The Morality of Law.
What is meant by internal morality of law according to Fuller?	It means certain principles of legality built into the very idea of law itself.
What is the first principle of legality stated by Fuller?	Laws should be general.
What is the second principle of legality stated by Fuller?	Laws should be publicly promulgated.
What is the third principle of legality stated by Fuller?	Laws should be prospective.
What is the fourth principle of legality stated by Fuller?	Laws should be clear.
What is the fifth principle of legality stated by Fuller?	Laws should be non-contradictory.
What is the sixth principle of legality stated by Fuller?	Laws should be possible to obey.
What is the seventh principle of legality stated by Fuller?	Laws should be relatively stable.
What is the eighth principle of legality stated by Fuller?	Laws should be administered consistently with their declared meaning.
What remains if these minimum standards are absent according to Fuller?	Naked coercion may remain, but it cannot properly be called law.
What positivist proposition was rejected by Fuller?	Fuller rejected the proposition that legality is wholly independent of morality.
What procedural element did Fuller say every legal system carries?	Every legal system carries a procedural morality of fairness and order.
By what cannot validity of law be judged according to Fuller?	Validity of law cannot be judged by command alone.
What did Fuller restore to modern jurisprudence?	Fuller restored ethical content to modern jurisprudence.
How is Fuller regarded in contemporary legal philosophy?	Fuller is regarded as one of the foremost defenders of value-oriented legal philosophy.

SOURCES OF LAW
What is the subject matter of Sources of Law?	Sources of Law relate to the origins from which legal rules derive authority, content and binding force.
To what does the expression Sources of Law refer?	The expression Sources of Law refers to the origins from which legal rules derive authority, content and binding force.
What are we dealing with when we ask from where law comes?	We are dealing with the sources of law.
What are we dealing with when we ask through what agencies law develops?	We are dealing with the sources of law.
What are we dealing with when we ask what gives validity to legal principles?	We are dealing with the sources of law.
With what is the study of sources of law concerned?	The study of sources of law is concerned with the foundation of legal authority and channels of creation of legal norms.
In how many distinct senses has the expression Sources of Law been used in the Indian context?	The expression Sources of Law has been used in two distinct senses.
What is the first sense of Sources of Law in the Indian context?	The first sense is the traditional sense based on Dharma as the fountain-head of law.
According to ancient Hindu scriptures, what is regarded as the fountain-head of all law?	Duty or Dharma is regarded as the fountain-head of all law.
Did Hindu jurists sharply separate law from religion and morality?	No, Hindu jurists did not sharply separate law from religion and morality.
From what did Hindu jurists believe legal obligations originate?	Hindu jurists believed legal obligations originate from Dharma.
What does Dharma signify in the traditional Indian conception?	Dharma signifies righteous duty, moral order and ethical obligations of man in society.
What was the source of law in traditional Indian conception?	The source of law was the broader spiritual notion of duty rather than mere political command.
What is the second sense of Sources of Law in the Indian context?	The second sense is the modern juristic sense of sovereign authority from which law emanates.
How does modern jurisprudence treat law under analytical influence?	Modern jurisprudence treats law as a body of rules formally laid down or recognised by the State.
Which authorities are considered immediate modern sources of law?	Sovereign legislature, courts and other law-creating agencies are considered immediate modern sources.
What do these modern law-creating agencies produce?	They produce binding legal rules.
What may the expression Sources of Law denote generally?	It may denote the philosophical foundation of legal obligation or practical legal institutions generating law.
What does Sources of Law include in its broader jurisprudential sense?	It includes all agencies, materials and authorities from which legal principles are derived and recognised as binding.

SOURCES OF LAW IN INDIAN PERSPECTIVE
How was the legal system in India prior to British rule?	The legal system was not based upon a unified sovereign legislation in the modern sense.
By what were people principally governed prior to British rule in India?	People were principally governed by their personal laws.
From what did personal laws derive their authority in pre-British India?	Personal laws derived their authority from religious texts, customs and spiritual doctrines.
What were the principal sources of Hindu law?	The principal sources of Hindu law were Shruti, Smriti, the conduct of the virtuous and one’s own conscience.
How were Shruti and Smriti treated in Hindu law?	Shruti and Smriti were treated as sacred textual authorities.
What was accepted as supplementary guides in Hindu law where textual certainty was absent?	The conduct of righteous persons and the dictates of conscience were accepted as supplementary guides.
What were the principal sources of Muslim law?	The principal sources of Muslim law were Quran, Sunnat, Ijma and Qiyas.
What is Sunnat in Muslim law?	Sunnat means traditions of the Prophet.
What is Ijma in Muslim law?	Ijma means consensus of opinion.
What is Qiyas in Muslim law?	Qiyas means analogical deduction.
What did these Muslim sources collectively form?	These Muslim sources collectively formed the basis of Islamic jurisprudence.
What did Islamic jurisprudential sources regulate?	They regulated the personal as well as social life of Muslims.
What was the important common feature of Hindu and Muslim law before British rule?	Both Hindu and Muslim law claimed a transcendental or divine origin.

JOHN SALMOND VIEW REGARDING SOURCES OF LAW
What is the subject matter of John Salmond’s view regarding Sources of Law?	John Salmond’s view relates to the classification of Sources of Law.
Who made one of the most widely accepted classifications of Sources of Law?	John Salmond made one of the most widely accepted classifications of Sources of Law.
Into how many classes did Salmond broadly divide the sources of law?	Salmond broadly divided the sources of law into two classes.
What are the two classes of sources of law according to Salmond?	The two classes are Material Sources and Formal Sources.
Why is Salmond’s distinction important?	Because Salmond separates the question of substance of law from the question of legal validity of law.
What are Formal Sources of Law according to Salmond?	Formal Sources of Law are those sources from which a rule of law derives its legal force and binding validity.
What do Formal Sources confer upon legal rules?	Formal Sources confer obligatory character upon legal rules and make them enforceable as law.
Can a principle existing in society become law in strict sense without State recognition?	No, it becomes law in the strict sense only when it receives recognition from the formal authority of the State.
What constitutes the formal source of law according to Salmond?	The will of the State manifested through statutes, judicial decisions and recognised legal institutions constitutes the formal source of law.
How does a statute acquire binding force as law?	A statute acquires binding force when enacted by the legislature.
How does a legal principle acquire binding force as law?	A legal principle acquires binding force when authoritatively recognised and enforced by courts.
With what is the formal source concerned?	The formal source is concerned with the authority which gives law its validity.
With what is the formal source not concerned?	The formal source is not concerned with the content of the law.
What is the subject matter of Material Sources of Law according to Salmond?	Material Sources of Law relate to the sources from which law derives its matter, substance or content.
What are Material Sources of Law according to Salmond?	Material Sources of Law are those sources from which law derives its matter, substance or content though not necessarily its validity.
What do Material Sources consist of?	Material Sources consist of actual materials, facts, practices and intellectual influences from which legal rules are fashioned.
Which sources supply the raw material of legal principles according to Salmond?	Legislation, customs, agreements, usages, juristic writings and professional opinions supply the raw material.
Do Material Sources by themselves become binding law?	No, they become binding law only when clothed with formal authority.
What do Material Sources provide to law?	Material Sources provide the content of law.
What do Formal Sources provide to law?	Formal Sources provide the binding force of law.

SUB- CLASSIFICATION OF MATERIAL SOURCES
What is the subject matter of the sub-classification of Material Sources?	The sub-classification of Material Sources relates to their division into Legal Sources and Historical Sources.
Into how many categories did Salmond further subdivide Material Sources?	Salmond further subdivided Material Sources into two categories.
What are the two categories of Material Sources according to Salmond?	The two categories are Legal Sources and Historical Sources.
What are Legal Sources according to Salmond?	Legal Sources are those material sources which are authoritative and legally recognised by the State.
How does the legal system treat Legal Sources?	The legal system accepts them as immediate and binding grounds for creation of legal rights and obligations.
Which examples may directly operate as Legal Sources?	A law passed by legislature, a recognised custom and a judicial precedent may directly operate as Legal Sources.
Why do these examples operate as Legal Sources?	Because courts are bound to apply them.
How may Legal Sources be described generally?	Legal Sources are authoritative material sources.
What are Historical Sources according to Salmond?	Historical Sources are those materials which influence growth of law but are not legally binding or authoritative.
How do Historical Sources affect law?	Historical Sources guide, inspire or persuade courts and lawmakers.
Do Historical Sources possess compulsory force?	No, Historical Sources do not possess compulsory force.
Which examples are Historical Sources?	Opinions of eminent jurists, ancient commentaries, foreign legal writings and historical legal documents are Historical Sources.
How do Historical Sources assist in legal development?	They help in understanding or developing law.
Are courts bound to follow Historical Sources as such?	No, courts are not bound to follow Historical Sources as such.
How may Historical Sources be described generally?	Historical Sources are unauthoritative material sources.
Why is a law passed by the legislature a legal material source?	Because it has binding force.
Why is the opinion of eminent jurists a historical material source?	Because it has merely persuasive value.
What kind of source is Custom?	Custom is a Legal Material Source of Law. (imp for exam pint of view)

GEORGE W. KEETON’S VIEW REGARDING SOURCES OF LAW
Into how many broad categories did George W. Keeton divide the sources of law?	George W. Keeton divided the sources of law into two broad categories.
What are the two broad categories of sources of law according to George W. Keeton?	The two broad categories are Binding Sources of Law and Persuasive Sources of Law.
On what is Keeton’s classification primarily based?	Keeton’s classification is primarily based upon the degree of authority exercised upon courts and legal institutions.
What are Binding Sources of Law according to Keeton?	Binding Sources are those sources which the courts are under a legal obligation to follow.
Can judges ordinarily ignore Binding Sources while deciding cases?	No, judges cannot ordinarily ignore Binding Sources.
What force do Binding Sources possess?	Binding Sources possess authoritative force.
What do Binding Sources directly create?	Binding Sources directly create enforceable rights and duties.
What do Binding Sources constitute in judicial decisions?	Binding Sources constitute mandatory grounds of judicial decision.
Which sources generally fall within Binding Sources?	Statutes enacted by competent legislatures, binding judicial precedents and legally recognised customs.
Why do these sources fall within Binding Sources?	Because they command obedience from courts.
How may a Binding Source be described generally?	A Binding Source is one which has compulsory legal authority.
What are Persuasive Sources of Law according to Keeton?	Persuasive Sources are those sources which are not absolutely binding upon courts but may influence judicial reasoning.
For what may courts consult Persuasive Sources?	Courts may consult Persuasive Sources for guidance, assistance or intellectual support.
Are courts legally compelled to adopt Persuasive Sources?	No, courts are not legally compelled to adopt Persuasive Sources.
Which materials are often treated as Persuasive Sources?	Writings of eminent jurists, foreign judgments, commentaries, principles of morality, equity and comparative legal materials.
How do Persuasive Sources help in legal development?	They help in interpretation, expansion or refinement of law where binding authority is absent or inadequate.
What value do Persuasive Sources possess?	Persuasive Sources possess advisory or influential value rather than mandatory force.

BINDING SOURCE CLASSIFICATION
Into how many classes can Binding Sources be further classified?	Binding Sources can be further classified into three classes.
What are the three further classifications of Binding Sources?	The three further classifications are Legislation, Judicial Precedent and Customary Law.

CUSTOMS AS A SOURCE OF LAW
What is the subject matter of Custom as a Source of Law?	Custom as a Source of Law relates to long-established social practices acquiring binding legal force.
How is custom regarded among sources of law?	Custom is regarded as one of the oldest and most primitive sources of law-making.
How did human communities regulate conduct before organised States and legislatures?	Human communities regulated conduct through established usages, habitual practices and socially accepted modes of behaviour.
How did repeated social practices acquire force of law?	By being followed continuously over a long period and accepted as obligatory by the community.
What does custom represent in legal evolution?	Custom represents the earliest stage in the evolution of legal regulation.
What has John Salmond observed regarding custom?	John Salmond observed that custom is to society what law is to the State.
What is meant by Salmond’s statement that custom is to society what law is to the State?	It means custom regulates conduct in society just as law regulates conduct in a politically organised State.
How is the influence of custom on social life described?	The influence of custom on social life is analogous to that of law within the political sphere.
What does custom govern in society?	Custom governs relationships, determines acceptable conduct and creates expectations of obedience.
From what does custom primarily derive its authority?	Custom derives its authority from long usage, social acceptance and habitual observance.
Why do people obey custom?	Because it has become a recognised norm of collective behaviour.
When does a particular practice acquire normative force?	When it is continuously followed with the belief that it ought to be followed.
Is morality essential for existence of custom?	No, morality is not essential for existence of custom.
Is codification essential for existence of custom?	No, codification is not essential for existence of custom.
Can a custom exist without being embodied in a written code?	Yes, a custom may exist even though it is not embodied in a written code.
Can a custom become legally recognised without originating in a moral theory?	Yes, a custom may become legally recognised even without originating in a consciously moral theory.
What is essential for legal existence of custom?	Continuous observance coupled with acceptance by the community as binding is essential.
Will a grossly immoral or public policy opposed custom be recognised by modern courts?	No, a grossly immoral or public policy opposed custom may not be recognised by modern courts.
Does legal character of custom depend upon prior codification?	No, legal character of custom does not depend upon prior codification.

DEFINITIONS
How may custom be defined?	Custom is a long-established usage or practice which by continuous observance and general acceptance acquires binding force as a rule of conduct and is eventually recognised by law.
How has Dr. Allen defined custom?	Custom is the uniformity of habits or conduct of people under like circumstances.
How has Herbert Spencer defined custom?	Custom is a tradition passing on from one generation to another that originally governs human conduct.
How has Salmond defined custom?	Custom embodies those principles as are acknowledged and approved by public opinion of the society at large.
How has Austin defined custom?	Custom is a rule of conduct which the governed observe spontaneously and not in pursuance of law settled by the political superior.
Is custom itself a law according to Austin?	No, custom is a source of law and not itself a law.
When does a custom become positive law according to Austin?	A custom becomes positive law only when declared as such by Court or sovereign.
How was custom explained in Hari Prasad v. Shiv Dayal, 1876 Privy Council?	Custom is a rule which has obtained force of law in a particular family or region due to long usage.

HISTORICAL VIEW REGARDING THE CUSTOM
How is the significance of custom recognised by eminent jurists?	It is recognised as an important source of law.
How does the Historical School regard custom in comparison to statute?	The Historical School often regards custom as superior to statute.
Why is custom regarded as superior to statute by the Historical School?	Because custom arises from actual life, habits and traditions of the people.
What is statute according to the Historical School comparison?	Statute is a formal legislative enactment.
What did John Chipman Gray observe regarding custom?	Custom is not law unless it is approved by judges.
What does Gray emphasise through this observation?	Gray emphasises the role of judicial recognition in giving legal force to custom.
What did Sir Frederick Pollock state regarding Common Law?	Sir Frederick Pollock stated that the Common Law is largely customary law.
Why did Pollock call Common Law largely customary law?	Because many principles of English law originated from ancient social usages.
What importance did Savigny give to custom?	Savigny maintained that customary law may completely modify or repeal statute.
Why did Savigny give such importance to custom?	Because custom reflects the Volksgeist or popular spirit of the people.
How did Manu regard custom in ancient India?	Manu regarded custom as a transcendent law.
What is unanimously emphasised by these jurists regarding custom?	That custom is one of the most authoritative and living sources of legal development.

KINDS OF CUSTOMS
What is the subject matter of Kinds of Custom?	Kinds of Custom relate to the classification of customs on the basis of source of their binding force.
Into how many main kinds are customs generally classified?	Customs are generally classified into two main kinds.
What are the two main kinds of customs?	The two main kinds are Conventional Custom and Legal Custom.
On what is the classification of customs based?	The classification is based on the source from which the binding force of the custom is derived.
What is the subject matter of Conventional Custom?	Conventional Custom relates to a usage binding through incorporation in contract.
By what other name is Conventional Custom known?	Conventional Custom is also called usage.
Why is a Conventional Custom legally binding?	Because it has been expressly or impliedly incorporated in a contract between the parties concerned.
Is Conventional Custom binding because of independent legal authority?	No, it is not binding because of independent legal authority.
How old should a Conventional Custom be?	It should be old enough to be in the knowledge of the people in general.
Is any specific period prescribed for a custom to be treated as old enough?	No, no specific period is prescribed.
What did the Privy Council hold in Subhani v. Nawab (1941) regarding Conventional Custom?	Even a relatively new conventional custom may get legal recognition if well established in the community.
When shall a Conventional Custom be recognised as law?	So long as it is not contrary to the general law of the country.
What additional condition must a Conventional Custom satisfy?	It should be reasonable.
How do Legal Customs operate?	Legal Customs operate as binding rules of law.
Why do Legal Customs become binding rules of law?	Because they have been recognised by Court and become part of the law of the land.
Into what further classes may Legal Custom be divided?	Legal Custom may be divided into Local Custom and General Custom.
What is Local Custom?	Local Custom is that custom which prevails in some defined locality.
What is General Custom?	General Custom is that custom which is operative throughout the realm.

ESSENTIALS OF A VALID CUSTOM
What is the first essential of a valid custom?	A valid custom must be reasonable and not opposed to justice, equity and good conscience.
Can an arbitrary or unjust practice be accepted as valid custom?	No, an arbitrary or unjust practice cannot be accepted as law.
What is the second essential of a valid custom?	A valid custom must be consistent with statute law and not conflict with legislative enactment.
Can a custom conflicting with an Act of Parliament be valid?	No, a custom conflicting with statute law cannot be valid.
What is the third essential of a valid custom?	A valid custom must be followed as a matter of compulsory observance.
Can a practice left to individual choice acquire force of customary law?	No, a practice left to individual choice cannot acquire force of customary law.
What further quality must a valid custom possess regarding duration?	A valid custom must possess continuity and immemorial antiquity.
What is meant by immemorial antiquity of custom?	It means the custom should exist from such long time that memory of man runs not to the contrary.
What was the English law test of antiquity of custom?	Under English law, a custom was required to exist before coronation of King Richard in 1189 A.D.
What is the last essential of a valid custom?	The custom must have been enjoyed peacefully and continuously without substantial interruption.
What kinds of customs are recognised by courts as valid customs?	Only ancient, certain and obligatory customs are recognised by courts as valid customs.

CONCLUSION
What is the concluding position of custom as a source of law?	Custom occupies an important place as one of the oldest and most authoritative sources of law.
Which customs alone can acquire binding force?	Only those customs which are ancient, reasonable, certain and legally recognized can acquire binding force.
What does a valid custom reflect?	A valid custom reflects the long-standing social acceptance of a rule as law.

LEGISLATION AS SOURCE OF LAW
What is the subject matter of Legislation as a Source of Law?	Legislation as a Source of Law relates to deliberate law-making by a competent legislative authority.
How is legislation regarded in the modern legal system?	Legislation is regarded as one of the most effective and important sources of law.
With growth of what institutions has law-making come under direct control of legislature?	With growth of organised States, parliamentary institutions and written constitutions.
How does legislation differ from custom as a source of law?	Legislation consists of deliberate formulation of legal rules, whereas custom grows gradually through social usage.
What does legislation involve in its strict legal sense?	Legislation involves laying down legal rules by the legislature which the State recognises and enforces as law.
Why do legislative rules possess direct force and authority?	Because they emanate from the sovereign law-making body.
Why is legislation considered the most authoritative expression of positive law?	Because it carries the direct force and authority of the State.
From which Latin words is the word legislation derived?	Legislation is derived from Legis and Latum.
What is the meaning of Legis?	Legis means law.
What is the meaning of Latum?	Latum means to make or set.
What is the literal meaning of legislation?	Legislation literally means the making of law.
What is the distinctive feature of legislation?	Legislation is a conscious, systematic and formal method of law-making.
What can the State do through legislation?	The State can enact new rules, modify old principles, remove legal defects and introduce social reforms.
According to what needs does legislation introduce reforms?	According to contemporary needs.
What has legislation become in modern democratic societies?	Legislation has become the principal instrument for deliberate legal development.

JURISTIC VIEW REGARDING LEGISLATION
What is the subject matter of Juristic View regarding Legislation?	Juristic View regarding Legislation relates to the differing importance assigned to legislation by various schools of jurisprudence.
Do different schools of jurisprudence assign the same importance to legislation?	No, different schools assign varying degrees of importance to legislation.
How does the Analytical School regard legislation?	The Analytical School regards legislation as the most authentic and effective method of law-making.
Why are analytical jurists strong supporters of legislation?	Because they believe law derives binding force from sovereign authority of the State.
Why do analytical jurists treat legislation as the only proper formal way to promulgate law?	Because legislative enactments directly express the will of the sovereign.
What importance do analytical jurists attach to legislation?	They attach the highest importance to legislation.
How does the Historical School regard legislation?	The Historical School attaches comparatively less importance to legislation.
How does law grow according to the Historical School?	Law grows spontaneously from customs, traditions and consciousness of the people.
What is the principal function of legislation according to the Historical School?	The principal function of legislation is to collect, consolidate and give better form to existing customs.
Is legislation creator of law according to the Historical School?	No, legislation is not the creator but only the recorder and organiser of living law.
What does legislation include according to John Austin?	Legislation includes all activities resulting in law-making, amendment, transformation or insertion of new provisions.
How does Austin treat legislation?	Austin treats legislation as the formal process through which the sovereign creates or modifies legal rules.
For what purpose does the sovereign create or modify legal rules through legislation according to Austin?	To regulate society.

TYPES OF LEGISLATION
Into how many kinds is legislation generally classified?	Legislation is generally classified into two kinds.
What are the two kinds of legislation?	The two kinds are Supreme Legislation and Subordinate or Delegated Legislation.
On what is the classification of legislation based?	The classification is based upon the authority from which the legislative power proceeds.

SUPREME LEGISLATION
When is legislation said to be supreme?	Legislation is said to be supreme when it proceeds from the sovereign law-making power and is not subject to repeal or control by any other legislative authority.
What is regarded as the supreme legislative body in India within its constitutional sphere?	Parliament is regarded as the supreme legislative body.
What validity do laws enacted by sovereign legislative authority possess?	They possess the highest formal validity.
Whom do laws enacted by supreme legislative authority bind?	They bind all persons and institutions unless struck down on constitutional grounds.
How may Supreme Legislation be described generally?	Supreme Legislation is the direct and original exercise of sovereign legislative power.
What is the subject matter of Subordinate or Delegated Legislation?	Subordinate or Delegated Legislation relates to derivative law-making by delegated subordinate authorities.

SUBORDINATE LEGISLATION
When does Subordinate Legislation arise?	Subordinate Legislation arises when supreme legislative authority delegates part of its law-making power to subordinate authority.
To whom is law-making power generally delegated under Subordinate Legislation?	It is generally delegated to executive or administrative bodies.
Which instruments made by delegated authorities constitute Subordinate Legislation?	Rules, regulations, notifications, bye-laws and orders constitute Subordinate Legislation.
Under what powers are these delegated instruments made?	They are made under powers conferred by statute.
Why is it termed Subordinate Legislation?	Because it derives authority from the parent statute and remains subject to control of the supreme legislature.
How may Subordinate Legislation be described generally?	Subordinate Legislation is an indirect or derivative exercise of legislative power under supervision of sovereign authority.
Into how many kinds is Subordinate Legislation classified?	Subordinate Legislation is classified into five kinds.
What are the kinds of Subordinate Legislation?	The kinds are Colonial Legislation, Executive Legislation, Judicial Legislation, Municipal Legislation and Autonomous Legislation.
What does Colonial Legislation refer to?	Colonial Legislation refers to laws made by legislature of a colony or dependent territory under superior sovereign authority.
Why is Colonial Legislation subordinate?	Because the colonial legislature does not possess independent sovereign power and remains subject to superior legislative control.
What is the historical example of Colonial Legislation?	Laws made by colonial governments under the British Empire.
What does Executive Legislation consist of?	Executive Legislation consists of rules, regulations, orders, notifications and bye-laws made by executive authorities.
Under what powers is Executive Legislation made?	It is made under powers delegated by the legislature.
Why do modern legislatures entrust power to administrative agencies?	Because they cannot themselves deal with every minute detail.
For what purpose do administrative agencies frame detailed provisions?	For implementing statutes.
What is law-making by the executive called?	Law-making by the executive is called Executive Legislation.

JUDICIAL LEGISLATION
When does Judicial Legislation arise?	Judicial Legislation arises when legislative rule-making power is delegated to the judiciary.
Which courts are authorised to frame rules under Judicial Legislation?	The Supreme Court and the High Courts are authorised to frame rules.
For what purpose do superior courts frame rules under Judicial Legislation?	They frame rules for regulation of their own procedure.
What is such rule-making by courts called?	Such rule-making by courts is called Judicial Legislation.
Should Judicial Legislation be confused with Judicial Precedent?	No, Judicial Legislation should not be confused with Judicial Precedent.
How are Judicial Precedents created?	Judicial Precedents are created when courts formulate or declare legal principles while deciding disputes.
How does Judicial Legislation differ from Judicial Precedent?	Judicial Legislation consists of formal procedural rules framed by courts under delegated authority.
Under which Article is the Supreme Court empowered to make procedural rules?	Under Article 145.
What does Article 145 empower the Supreme Court to do?	It empowers the Supreme Court to make rules regulating its practice and procedure.
Under which Article are High Courts vested with supervisory and procedural rule-making authority?	Under Article 227.
Over whom do High Courts exercise this supervisory procedural authority?	Over courts subordinate to them.
Can Judicial Legislation lay down norms for practising lawyers?	Yes, Judicial Legislation may lay down norms for practising lawyers.
Can Judicial Legislation prescribe procedure and limitation for appeals?	Yes, it may prescribe procedure and limitation for appeals.
Can Judicial Legislation regulate proceedings for enforcement of Fundamental Rights?	Yes, it may regulate proceedings for enforcement of Fundamental Rights.
Can Judicial Legislation provide for transfer of cases?	Yes, it may provide for transfer of cases.
Can Judicial Legislation regulate disposal of criminal appeals?	Yes, it may regulate disposal of criminal appeals.
Can Judicial Legislation prescribe conditions for review petitions?	Yes, it may prescribe conditions for review petitions.
Can Judicial Legislation make rules regarding costs and court fees?	Yes, it may make rules regarding costs and court fees.
Can Judicial Legislation regulate grant of bail, bonds and security?	Yes, it may regulate grant of bail, bonds and security.
Can Judicial Legislation pass orders relating to stay of proceedings?	Yes, it may provide rules regarding stay of proceedings.
What function do courts perform through Judicial Legislation?	Courts perform a limited but significant law-making function for efficient administration of justice.
What does Municipal Legislation mean?	Municipal Legislation means bye-laws, regulations and local rules made by municipal bodies, local boards, corporations and other local self-governing institutions.
Under what powers is Municipal Legislation made?	Municipal Legislation is made under powers conferred by statute.
To what sphere are municipal laws confined?	Municipal laws are confined to local administration.
What matters are regulated by Municipal Legislation?	Municipal Legislation regulates sanitation, roads, markets, construction, public health and civic order.
Within what area does Municipal Legislation operate?	Municipal Legislation operates within the local area.
What is the subject matter of Autonomous Legislation?	Autonomous Legislation relates to internal rules framed by autonomous or semi-autonomous bodies under statutory power.
What does Autonomous Legislation refer to?	Autonomous Legislation refers to rules and regulations framed by universities, professional associations, statutory corporations and other self-regulating institutions.
Whom do these autonomous bodies govern through their regulations?	They govern their members, employees or affiliated institutions.
Why is Autonomous Legislation treated as subordinate legislation?	Because its law-making power is derived from the parent statute.
What is Delegated Legislation?	Delegated Legislation is legislation made by any authority other than the Legislature.
What does Delegated Legislation denote?	Delegated Legislation denotes rules, orders, notifications, bye-laws or directions made by executive authorities under law passed by Parliament.
What is law made by executive known as?	Law made by executive is known as Delegated Legislation.
When is legislation called Delegated Legislation?	When the function of legislation is entrusted to organs other than the legislature itself.
By what other name is Delegated Legislation also known?	Delegated Legislation is also known as Henry VIII clause.

CONCLUSION
Why has Delegated Legislation become important in modern times?	Because of want of time to legislature, welfare State needs, technicality, emergency, flexibility, local matters, unforeseen contingencies and confidentiality.
How does want of time make Delegated Legislation necessary?	Legislature lacks sufficient time to deal with every minute legislative detail.
How has the concept of welfare State increased need of Delegated Legislation?	Welfare State requires a huge bulk of legislation for regulating numerous social activities.
Why does technicality of matter necessitate Delegated Legislation?	Because certain fields require technical skills to make law.
How do emergencies justify Delegated Legislation?	Delegated Legislation is necessary to meet emergencies arising out of war, floods, economic depression and epidemic.
Why is flexibility a reason for Delegated Legislation?	Because delegated authorities can make quick changes according to practical needs.
Why are local matters a reason for Delegated Legislation?	Because local issues require localised detailed regulation by competent authorities.
Why is Delegated Legislation needed for unforeseen contingencies?	Because sudden situations may arise which cannot be immediately handled by full legislature.
Why is confidentiality a reason for Delegated Legislation?	Because some matters require discreet or confidential rule-making not suitable for open legislative debate.

JUDICIAL PRECEDENT
What is the subject matter of Judicial Precedent?	Judicial Precedent relates to law developed through judicial decisions.
How is Judicial Precedent regarded as a source of law?	Judicial Precedent is regarded as another important source of law.
Why is Judicial Precedent especially important in English law?	Because most of the Common Law is unwritten and owes its origin to Judicial Precedent.
Does Judicial Precedent have binding force?	Yes, Judicial Precedent has binding force.
Why is Judicial Precedent an important source of English law?	Because it possesses binding force and forms much of the Common Law.
What does Judicial Precedent lead to?	Judicial Precedent leads to certainty of law.
How did Jeremy Bentham describe precedent?	Jeremy Bentham described precedent as judge-made law.
How did Austin describe precedent?	Austin described precedent as judiciary’s law.
How many systems exist in the world regarding adoption of precedent as law?	There are two systems in the world regarding adoption of precedent as law.
How is precedent treated in some countries?	In some countries precedent is accepted as law.
How is precedent treated in other countries?	In other countries precedent is not accepted as law.

TWO METHODS REGARDING ACCEPTANCE OF JUDICIAL PRECEDENT
What is the subject matter of Inductive and Deductive Methods regarding precedent?	Inductive and Deductive Methods relate to two judicial approaches in deciding cases.
What is Inductive Method?	Inductive Method is when judge deduces general rules from particular cases and applies them to decide subsequent cases.
On what are decisions based in the Inductive Method?	Decisions are based on previous judgments.
In which country is the Inductive Method generally practised?	The Inductive Method is generally practised in England.
What is Deductive Method?	Deductive Method is when judge decides cases according to law laid down by authority without looking to similar decided cases.
On what are decisions based in the Deductive Method?	Decisions are based on law and not on previous judgments.
In which countries is the Deductive Method generally practised?	The Deductive Method is generally practised in European countries.

KINDS OF JUDICIAL PRECEDENT
Into how many kinds may Judicial Precedents broadly be divided?	Judicial Precedents may broadly be divided into two kinds.
What are the two kinds of Judicial Precedents?	The two kinds are Authoritative Precedent and Persuasive Precedent.
On what is the classification of Judicial Precedents based?	The classification is based upon the degree of binding force exercised upon the court.
What are Authoritative Precedents?	Authoritative Precedents are judicial decisions which have binding legal force.
By which courts are Authoritative Precedents delivered?	Authoritative Precedents are delivered by superior courts of justice.
Who is under legal obligation to follow Authoritative Precedents?	Subordinate courts are under legal obligation to follow them in similar cases.
Are Authoritative Precedents merely advisory?	No, Authoritative Precedents are not merely advisory.
What do Authoritative Precedents constitute?	Authoritative Precedents constitute mandatory rules of decision.
Can lower courts disregard an Authoritative Precedent while it remains valid and applicable?	No, lower courts cannot disregard it.
What does Authoritative Precedent ensure in administration of justice?	Authoritative Precedent ensures uniformity, certainty and hierarchical discipline.
What is Persuasive Precedent?	Persuasive Precedent is a precedent which judges are under no legal obligation to follow.
Why may judges consider Persuasive Precedent?	Because of its persuasive reasoning or intellectual value.
Which decisions may include Persuasive Precedents?	Decisions of coordinate courts, foreign courts, obiter dicta and judgments not strictly binding.
When do Persuasive Precedents provide useful guidance?	In absence of direct authoritative precedent.
Do Persuasive Precedents possess compulsory authority?	No, Persuasive Precedents do not possess compulsory authority.
What do Persuasive Precedents do to judicial thinking?	Persuasive Precedents influence judicial thinking.

CONSTITUTIONAL BASIS OF AUTHORITATIVE PRECEDENT IN INDIA ARTICLE 141
Through which Article has the doctrine of Authoritative Precedent received constitutional recognition in India?	Through Article 141 of the Constitution of India.
What does Article 141 provide?	Article 141 provides that the law declared by the Supreme Court of India shall be binding on all courts within the territory of India.
What do the decisions of the Supreme Court constitute under Article 141?	The decisions of the Supreme Court constitute Authoritative Precedents.
Upon whom are Supreme Court decisions binding under Article 141?	They are binding upon all subordinate courts and tribunals in the country.
What duty is imposed upon the lower judiciary under Article 141?	The lower judiciary is under a legal duty to follow legal principles laid down by the Supreme Court in similar questions of law.
What constitutional status does Article 141 give to the doctrine of precedent?	Article 141 gives clear constitutional status to the doctrine of precedent in India.
What does Article 141 ensure in administration of justice?	Article 141 ensures certainty, consistency and uniformity in administration of justice.

LEADING CASES ON PRECEDENTS
What is the subject matter of Supreme Court not absolutely bound by its own decisions?	It relates to the Supreme Court’s power to depart from or overrule its previous precedents.
Is the Supreme Court absolutely and rigidly bound by its own previous decisions?	No, the Supreme Court is not absolutely and rigidly bound by its own previous decisions.
Why may the Supreme Court depart from its earlier precedent?	To correct error or to meet the demands of justice.
In which case was this principle first recognised?	This principle was first recognised in Bengal Immunity Co. Ltd. v. State of Bihar.
What did the Supreme Court hold in Bengal Immunity Co. Ltd. v. State of Bihar?	The Court held that it is not inexorably bound by its previous judgments if adherence would perpetuate error.
From which case did the concept of overruling of precedent by the Supreme Court start?	From Bengal Immunity Co. Ltd. v. State of Bihar.
In which case was the doctrine of prospective overruling propounded?	In I.C. Golaknath v. State of Punjab.
What is the doctrine of prospective overruling?	It means the Court may overrule a previous legal position but apply the new interpretation prospectively.
Why is prospective overruling applied?	So that past transactions concluded under the old law are not disturbed.
What does the Indian doctrine of precedent combine?	The Indian doctrine of precedent combines binding authority with judicial flexibility.
How is judicial flexibility achieved in Indian precedent law?	By allowing the Supreme Court in exceptional circumstances to revise its own earlier views.

CONCEPTS OF JUDICIAL PRECEDENT: RATIO DECIDENDI, ORBITER DICTA, STARE DECISIS
What is the literal meaning of Ratio Decidendi?	Ratio Decidendi literally means the reason for the decision.
What is Ratio Decidendi?	Ratio Decidendi is the general principle of law deduced by the court in deciding a particular case.
On what is Ratio Decidendi founded?	Ratio Decidendi is founded on the rule of law upon which the judicial decision is based.
Which part of judgment possesses binding authority as precedent?	Ratio Decidendi possesses binding authority as precedent.
Through which case can the doctrine of Ratio Decidendi be understood?	Through Bridges v. Hawkesworth.
What were the facts in Bridges v. Hawkesworth?	A customer found some money lying on the floor of a shop.
To whom was possession awarded in Bridges v. Hawkesworth?	Possession was awarded to the finder rather than the shopkeeper.
Why was possession awarded to the finder in Bridges v. Hawkesworth?	Because the shop was a public place and the money was found by the customer.
What general principle was deduced from Bridges v. Hawkesworth?	The rule of finders keepers regarding lost property found in a public place.
What constituted the Ratio Decidendi in Bridges v. Hawkesworth?	The principle of finders keepers in relation to lost property found in a public place.
Which another classic case explains Ratio Decidendi?	Donoghue v. Stevenson.
What were the facts in Donoghue v. Stevenson?	A decomposed snail was found inside an opaque bottle of ginger beer.
What principle was laid down in Donoghue v. Stevenson?	Manufacturer is liable to consumer for negligence in manufacturing harmful goods.
What modern doctrine was founded through Donoghue v. Stevenson?	The doctrine of privity relaxation and negligence liability.
What constitutes the Ratio Decidendi of a case generally?	The legal principle emerging from the case constitutes its Ratio Decidendi.
What is the position of Ratio Decidendi in precedent?	Ratio Decidendi is the binding element of a precedent.
What is the literal meaning of Obiter Dicta?	Obiter Dicta literally means something said by the judge by the way.
What are Obiter Dicta?	Obiter Dicta are observations, remarks or illustrations made by judge not necessary for actual decision.
Do Obiter Dicta form the essential basis of final decision?	No, Obiter Dicta do not form the essential basis of final decision.
Do Obiter Dicta possess binding authority as precedent?	No, Obiter Dicta do not possess binding authority as precedent.
Why do Obiter Dicta carry persuasive value?	Because they emanate from judicial wisdom.
How may courts use Obiter Dicta in later cases?	Courts may take Obiter Dicta into consideration for persuasive guidance.
What is the authority of Obiter Dicta?	Obiter Dicta have persuasive authority but are not legally binding.
As a result of what did the Doctrine of Stare Decisis develop?	It developed as a result of progress in law reporting and establishment of judicial hierarchy.
What is the literal meaning of Stare Decisis?	Stare Decisis means to let the decision stand in its right place or to abide by decided cases.
What happens when a judicial decision lays down a new principle of law under this doctrine?	That principle becomes binding upon subordinate courts in future similar cases.
What authority does such principle have for courts of equivalent jurisdiction?	It has persuasive authority for courts of equivalent jurisdiction.
On what principle is the Doctrine of Stare Decisis founded?	It is founded on the principle that each court is bound by decisions of the court above it in judicial hierarchy.
Why are higher courts also guided by their own previous decisions to some extent?	To maintain certainty and uniformity.
Is the Supreme Court of India absolutely bound by its earlier decisions?	No, the Supreme Court of India may overrule its earlier decisions in appropriate cases.
Is one High Court’s decision binding on another High Court?	No, one High Court’s decision is not binding on another High Court.
What value does one High Court’s decision have for another High Court?	It has persuasive value.
By whose decision is a Single Bench Judge bound within the same High Court?	A Single Bench Judge is bound by the decision of a Division Bench.
What does the Doctrine of Stare Decisis ensure?	The Doctrine of Stare Decisis ensures consistency, predictability and orderly development of law.

DUTIES AND RIGHTS
What is the subject matter of Legal Rights and Legal Duties?	Legal Rights and Legal Duties relate to mutual legal claims and obligations arising in organised society.
What do people necessarily acquire when they come into contact in organised society?	They necessarily acquire certain legal rights and corresponding legal duties.
Why is social life impossible without regulation of conduct?	Because human conduct must be regulated by recognised standards of claims and obligations.
What do recognised standards determine in society?	They determine what one person may claim and what another is bound to do or refrain from doing.
By what are these mutual claims and obligations given legal shape?	They are given legal shape by the law prevailing in society.
What is the principal purpose of law?	The principal purpose of law is to protect human interests by regulating conduct of individuals.
How does law maintain social order?	Law maintains social order by securing enjoyment of legitimate claims and imposing obligations necessary for peaceful coexistence.
What happens when legal system recognises an interest as worthy of protection?	It confers a right upon one person and imposes a corresponding duty upon another.
How are legal rights and legal duties related?	Legal rights and legal duties are inseparable concepts.
What do legal rights and legal duties form?	They form the very foundation of juridical relations.
What does a legal right indicate?	A legal right indicates a legally protected claim.
What does a legal duty signify?	A legal duty signifies the legal obligation to respect or fulfill that claim.
What do legal rights and duties together constitute?	They constitute the basic mechanism through which law balances individual interests and social discipline.

CLASSIFICATION OF LEGAL DUTIES
Into how many main classifications are Legal Duties divided here?	Legal Duties are divided into three main classifications into Positive and Negative, Primary and Secondary, and Absolute and Relative Duties.
What is a Positive Duty?	Positive Duty is when law obliges a person to do an act.
What is a Negative Duty?	Negative Duty is when law obliges a person to refrain from doing an act.
What is a Primary Duty?	Primary Duty is one which exists per se and is independent of any other duty.
Give an example of Primary Duty.	To forbear from causing personal injury to another.
What is a Secondary Duty?	Secondary Duty is one which has no independent existence and exists only for enforcement of other duties.
Give an example of Secondary Duty.	Duty to pay damages for injury done to a person.
Who classified duties into Absolute and Relative Duties?	Hibbert classified duties into Absolute and Relative Duties.
What are Absolute Duties according to Hibbert?	Absolute Duties are duties owed only to the State.
What is breach of Absolute Duty generally called?	Breach of Absolute Duty is generally called a crime.
What is the remedy for breach of Absolute Duty?	The remedy is punishment.
What are Relative Duties according to Hibbert?	Relative Duties are duties owed to any person other than the one imposing them.
What is breach of Relative Duty called?	Breach of Relative Duty is called a civil injury.
How is breach of Relative Duty redressed?	It is redressed by compensation or restitution to the injured party.

LEGAL RIGHTS
What is the subject matter of Legal Rights?	Legal Rights relate to interests recognised and protected by law as enforceable claims.
How does John Salmond define a right?	A right is an interest recognised and protected by a rule of justice.
Do all interests of a person receive legal recognition?	No, all interests of a person do not receive legal recognition.
What is meant by interests existing merely de facto and not de jure?	They exist in fact but receive no legal recognition or protection.
Does violation of de facto interests amount to legal wrong?	No, violation of such interests is no legal wrong.
Is respect for de facto interests a legal duty?	No, respect for such interests is no legal duty.
What are interests generally?	Interests are things advantageous to man such as liberty, reputation, property or freedom.
When does an interest become a right?	An interest becomes a right when recognised and protected by an authoritative rule.
Into what two kinds may rights be divided?	Rights may be divided into Moral Rights and Legal Rights.
What is a Moral or Natural Right?	A Moral or Natural Right is an interest recognised by a rule of morality.
What is the effect of violation of Moral Right?	Violation of Moral Right constitutes a moral wrong.
What is a Legal Right?	A Legal Right is an interest recognised and protected by a rule of law.
What is the effect of violation of Legal Right?	Violation of Legal Right amounts to a legal wrong.
How may a Legal Right be finally understood?	A Legal Right is a legally protected interest enforceable through authority of the State.
How did John Austin define a right?	A party has a right when another or others are bound or obliged by law to do or forbear towards or in regard to him.
When does a right exist according to Austin?	A right exists wherever law imposes a corresponding duty upon another person.
Which element is primarily emphasised in Austin’s definition?	Austin primarily emphasises legal obligation and correlation between right and duty.
On what ground is Austin’s definition criticised?	It overlooks the essential element of interest involved in a right.
Why is duty in another person alone not sufficient to constitute a right?	Because a right must also involve a legally protected benefit or advantage.
Who illustrated the inadequacy of Austin’s definition?	John Stuart Mill illustrated the inadequacy of Austin’s definition.
What example was given by John Stuart Mill against Austin’s definition?	A jailer is legally bound to execute a prisoner sentenced to death.
What absurd conclusion follows if Austin’s definition is strictly applied?	It would mean that the convict has a right to be hanged.
What does Mill’s example show?	Mere existence of duty in another is not sufficient unless some protected interest is present.
Who gave a more balanced definition of right?	Rudolf von Jhering gave a more balanced definition.
How did Jhering define rights?	Rights are legally protected interests.
What is the essence of a right according to Jhering?	The essence of a right lies in protection of some human interest by force of law.
Which two elements are combined by Jhering in legal right?	Interest and legal protection.

THEORIES OF LEGAL RIGHTS
WILL THEORY OF LEGAL RIGHT
Which jurists supported the Will Theory of Legal Right?	Hegel, Kant and Hume supported the Will Theory of Legal Right.
What is a right according to the Will Theory?	A right is an inherent attribute of human will.
From what is the subject matter of right derived according to the Will Theory?	The subject matter of right is derived from human will.
How does a man express his will according to the Will Theory?	A man expresses his will over an object through a right.
Which jurist opposed the Will Theory of Legal Right?	Duguit opposed the Will Theory of Legal Right.
On what basis did Duguit oppose the Will Theory?	Duguit argued that all laws originate from social solidarity.
What conclusion did Duguit draw from social solidarity?	He concluded that there is no existence of a right as such.
Why did Duguit believe human will is opposed to social good?	Because human will leads to conflict of interest between individuals.
What does law demand according to Duguit?	Law as expression of social solidarity demands that everyone should abide by his duties.
What was Duguit’s view regarding claiming rights?	He held that man has no right to claim rights.
Why did Duguit reject the concept of right?	He rejected it as immoral and against the interest of society.
Who rejected Duguit’s view about legal rights?	Dr Edward Jenks rejected Duguit’s view.
What did Dr Edward Jenks state regarding duty and rights?	Though State enforces duties, those duties are enforced for protecting the interests of the people.

INTEREST THEORY OF LEGAL RIGHTS
What is the subject matter of Interest Theory of Legal Right?	Interest Theory of Legal Right relates to the conception of right as a legally protected interest.
Which jurist mainly propounded the Interest Theory of Legal Right?	The German jurist Ihering mainly propounded the Interest Theory of Legal Right.
What is a legal right according to the Interest Theory?	A legal right is a legally protected interest.
Does Ihering emphasise the element of will in legal right?	No, Ihering does not emphasise the element of will in legal right.
Who criticised Ihering’s Interest Theory?	Salmond criticised Ihering’s Interest Theory.
On what ground did Salmond criticise Ihering’s theory?	Because it is incomplete as it overlooks the element of recognition by the State.

ELEMENTS OF LEGAL RIGHT
What is the subject matter of Elements of Legal Right?	Elements of Legal Right relate to the essential juridical constituents of every legal right according to Salmond.
According to whom are the elements of Legal Right explained?	According to John Salmond.
Why are these elements important according to Salmond?	Because without them a legal right cannot be fully understood.
How many principal elements of a Legal Right are stated by Salmond?	Five principal elements are stated by Salmond.
What is the first element of a Legal Right?	The first element is Subject.
What does Subject mean in a Legal Right?	Subject means the person in whom the right is vested or the holder of the right.
What is the Subject entitled to claim?	The Subject is entitled to claim the benefit of legal protection.
What does Salmond call the Subject?	Salmond calls him the Person of Inherence.
Who is the Subject in the right to property?	The owner of the property.
What is the second element of a Legal Right?	The second element is the Act or Forbearance.
What does every right relate to under this element?	Every right relates to some act or forbearance.
What does the Act or Forbearance element oblige another person to do?	It obliges another person to do a certain act or abstain from doing something.
With what is every right connected under this element?	Every right is connected with corresponding conduct expected from another.
What is the third element of a Legal Right?	The third element is Object of Right.
What does Object of Right mean?	It means the thing, interest or subject matter in respect of which the right exists.
What kind of benefit is secured through Object of Right?	Material or immaterial benefit.
What is the Object in ownership?	The property itself.
What is the fourth element of a Legal Right?	The fourth element is Person Bound.
Who is the Person Bound?	The person upon whom the co-relative duty falls.
Against whom is the right enforceable?	Against the Person Bound.
What is the Person Bound legally obliged to do?	He is legally obliged to perform the corresponding act or forbearance.
What does Salmond call the Person Bound?	Salmond calls him the Person of Incidence.
What is the fifth element of a Legal Right?	The fifth element is Title.
What does Title mean according to Salmond?	Title means the lawful source or ground from which the right is derived.
From what may Title arise?	Title may arise from ownership, contract, inheritance, statute, prescription or other recognised mode.
What is Title in relation to right?	Title is the legal basis of the existence of the right.
What are the necessary elements involved in every Legal Right?	Subject, Act or Forbearance, Object, Person Bound and valid Title.

RELATIONSHIP BETWEEN RIGHT AND DUTY
What is the general principle regarding right and duty?	Right is always co-relative to duty.
Do all jurists agree that every duty has a co-relative right?	No, some jurists do not agree with this view.
What do such jurists say regarding duties?	They say that there can be some duties without co-relative rights.
What are duties without co-relative rights called?	They are called Absolute Duties.
What did John Austin point out regarding rights and duties?	He pointed out that certain absolute duties do not have corresponding legal rights.
When do such absolute duties arise according to Austin?	They arise when law imposes obligation though no individual can specifically claim a correlative right.
How many kinds of absolute duties are mentioned by Austin?	Austin mentions four kinds of absolute duties.
What is the first kind of absolute duty according to Austin?	The first kind is Self-regarding Duties.
What are Self-regarding Duties?	Self-regarding Duties are duties which a person owes to himself.
Give examples of Self-regarding Duties.	Duty not to commit suicide or not to inflict grievous self-harm.
Why does law impose Self-regarding Duties though there is no separate right-holder?	In the interest of social order.
What is the second kind of absolute duty according to Austin?	Duties towards Indeterminate Persons or the Public at Large.
To whom are duties towards Indeterminate Persons owed?	They are owed to the community generally and not to any definite individual.
Give an example of duty towards the Public at Large.	Duty not to commit a public nuisance.
What is the third kind of absolute duty according to Austin?	Duties towards Non-human Beings.
Towards whom may such duties be owed?	Towards God, animals or birds.
Why are these duties absolute?	Because no legal right in strict human sense exists in a determinate person.
What is the fourth kind of absolute duty according to Austin?	Duties towards the Sovereign or the State.
Give examples of duties towards the State.	Duties of allegiance, obedience and maintenance of public order.
What does breach of duties towards the State constitute?	It constitutes an offence against authority of the State.
What did Austin finally conclude regarding rights and duties?	Though generally correlative, certain absolute duties may exist without clearly identifiable corresponding right.

CLASSIFICATION OF LEGAL RIGHT
What is the subject matter of Classification of Legal Rights?	Classification of Legal Rights relates to the division of legal rights into different juridical categories.
Into how many kinds are Legal Rights classified here?	Legal Rights are classified into five kinds.
What are the five kinds of Legal Rights?	Perfect and Imperfect Rights, Positive and Negative Rights, Real and Personal Rights, Rights in Re Propria and Rights in Re Aliena, and Legal and Equitable Rights.
What is a Perfect Right?	A Perfect Right is one which corresponds to a perfect duty.
Is a Perfect Right enforceable by law?	Yes, it is fully enforceable through legal remedies.
What does law provide when holder of Perfect Right is deprived of enjoyment?	Law provides definite machinery for its enforcement.
What is an Imperfect Right?	An Imperfect Right is one which though recognised in limited sense is not enforceable by law.
What may a person possess in case of Imperfect Right?	He may possess a moral or nominal claim.
Do courts provide effective legal remedy for Imperfect Right?	No, courts do not provide effective legal remedy.
What is a Positive Right?	A Positive Right entitles its holder to require another person to do some positive act in his favour.
What is duty under Positive Right?	Duty under Positive Right is bound to perform something.
What is a Negative Right?	A Negative Right requires others to abstain from doing something prejudicial to the right-holder.
What kind of duty is imposed under Negative Right?	A duty of restraint.
What do Positive Rights demand?	Positive Rights demand action.
What do Negative Rights demand?	Negative Rights demand forbearance.
By what other names are Real and Personal Rights known?	Right in Rem and Right in Personam.
What is a Real Right or Right in Rem?	A Real Right corresponds to duty imposed upon persons in general.
Against whom is a Real Right enforceable?	It is enforceable against the whole world.
Give an example of Real Right.	Right of ownership over property.
What is a Personal Right or Right in Personam?	A Personal Right corresponds to duty imposed upon a determinate individual or specific persons only.
From what does Personal Right generally arise?	It generally arises out of contract, trust or obligation.
Against whom is Personal Right enforceable?	It is enforceable only against a particular person.
What is Right in Re Propria?	Right in Re Propria means a right over one’s own property.
What does Right in Re Propria indicate?	It indicates complete ownership or proprietary interest vested in the person.
What is Right in Re Aliena?	Right in Re Aliena means a right over the property of another person.
What is the nature of Right in Re Aliena?	It is limited in nature and exists as subordinate interest.
Give examples of Right in Re Aliena.	Easement, mortgage or lease.
What were Legal Rights in England?	Rights recognised and enforced by Common Law Courts.
What were Equitable Rights in England?	Rights recognised and protected by Courts of Equity.
What are Legal Rights generally?	Legal Rights are strict rights available under ordinary law.
On what principles are Equitable Rights granted?	On principles of fairness, justice and conscience.
According to what factors may Legal Rights differ?	According to enforceability, nature of obligation, persons bound, proprietary relation and source of recognition.

CLASSIFICATION OF LEGAL RIGHTS
Into how many kinds are Legal Rights classified here?	Legal Rights are classified into five kinds.
What are the five kinds of Legal Rights?	Perfect and Imperfect Rights, Positive and Negative Rights, Real and Personal Rights, Rights in Re Propria and Rights in Re Aliena, and Legal and Equitable Rights.
What is a Perfect Right?	A Perfect Right is one which corresponds to a perfect duty.
Is a Perfect Right enforceable by law?	Yes, it is fully enforceable through legal remedies.
What does law provide when holder of Perfect Right is deprived of enjoyment?	Law provides definite machinery for its enforcement.
What is an Imperfect Right?	An Imperfect Right is one which though recognised in limited sense is not enforceable by law.
What may a person possess in case of Imperfect Right?	He may possess a moral or nominal claim.
Do courts provide effective legal remedy for Imperfect Right?	No, courts do not provide effective legal remedy.
What is a Positive Right?	A Positive Right entitles its holder to require another person to do some positive act in his favour.
What is duty under Positive Right?	Duty under Positive Right is bound to perform something.
What is a Negative Right?	A Negative Right requires others to abstain from doing something prejudicial to the right-holder.
What kind of duty is imposed under Negative Right?	A duty of restraint.
What do Positive Rights demand?	Positive Rights demand action.
What do Negative Rights demand?	Negative Rights demand forbearance.
By what other names are Real and Personal Rights known?	Right in Rem and Right in Personam.
What is a Real Right or Right in Rem?	A Real Right corresponds to duty imposed upon persons in general.
Against whom is a Real Right enforceable?	It is enforceable against the whole world.
Give an example of Real Right.	Right of ownership over property.
What is a Personal Right or Right in Personam?	A Personal Right corresponds to duty imposed upon a determinate individual or specific persons only.
From what does Personal Right generally arise?	It generally arises out of contract, trust or obligation.
Against whom is Personal Right enforceable?	It is enforceable only against a particular person.
What is Right in Re Propria?	Right in Re Propria means a right over one’s own property.
What does Right in Re Propria indicate?	It indicates complete ownership or proprietary interest vested in the person.
What is Right in Re Aliena?	Right in Re Aliena means a right over the property of another person.
What is the nature of Right in Re Aliena?	It is limited in nature and exists as subordinate interest.
Give examples of Right in Re Aliena.	Easement, mortgage or lease.
What were Legal Rights in England?	Rights recognised and enforced by Common Law Courts.
What were Equitable Rights in England?	Rights recognised and protected by Courts of Equity.
What are Legal Rights generally?	Legal Rights are strict rights available under ordinary law.
On what principles are Equitable Rights granted?	On principles of fairness, justice and conscience.
According to what factors may Legal Rights differ?	According to enforceability, nature of obligation, persons bound, proprietary relation and source of recognition.

OWNERSHIP
What is the subject matter of Ownership?	Ownership relates to the highest and most comprehensive proprietary right over a thing.
Where does the concept of Ownership originate from?	The concept of Ownership originates from ancient Roman Law.
How is Ownership regarded among proprietary rights?	Ownership is regarded as the most important and comprehensive proprietary right.
Why is Ownership considered the most comprehensive right?	Because it confers the fullest legal control over a thing subject to law.
Was distinction between Ownership and Possession clearly recognised in early legal development?	No, the distinction was not clearly recognised.
How was mere physical control treated in early law?	Mere physical control was often treated as equivalent to ownership.
What led jurists to distinguish Ownership from Possession?	Advancement of civilisation and refinement of legal thought.
What does Possession primarily relate to?	Possession primarily relates to physical control or detention.
What does Ownership denote?	Ownership denotes the ultimate legal right or title over the thing.
Can Possession and Ownership coexist in same person?	Yes, Possession and Ownership may coexist in same person.
Are Possession and Ownership conceptually identical?	No, they are conceptually distinct.
What is meant by the right of Ownership?	The right of Ownership refers to ownership over a corporeal or material object.
Give examples of right of Ownership over corporeal objects.	Land, goods or movable property.
What is corporeal Ownership?	Corporeal Ownership is ownership concerning tangible things.
What is meant by ownership of a right?	Ownership of a right means ownership over an incorporeal or intangible legal interest.
Give examples of incorporeal Ownership.	Debt, copyright, easement or contractual claim.
Why is it called incorporeal Ownership?	Because what is owned is not a physical object but a legal right itself.
How may Ownership be broadly understood?	Ownership is the highest legal relation between a person and a thing whether corporeal or incorporeal.

DEFINITION
What do different jurists emphasise while explaining Ownership?	They emphasise the fullness of control exercised by the owner over a thing.
How does William N. Hibbert describe Ownership generally?	Ownership consists in certain essential rights over a thing.
What is the first right included in Ownership according to Hibbert?	The right to use a thing.
What is the second right included in Ownership according to Hibbert?	The right to exclude others from the use of that thing.
What is the third right included in Ownership according to Hibbert?	The right to dispose of the thing.
What is the fourth right included in Ownership according to Hibbert?	The right even to destroy the thing.
How does Hibbert treat Ownership?	Hibbert treats Ownership as the bundle of fullest possible powers exercisable over property.
What may the owner do under Hibbert’s concept of Ownership?	He may enjoy, prevent interference, transfer, alienate or destroy the thing subject to legal restrictions.
How does John Austin define Ownership?	Ownership is a right over a determinate thing, indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration.
What does Austin mean by determinate thing?	Ownership relates to a specific thing.
What does Austin mean by indefinite in point of user?	Owner may use the thing in any lawful manner.
What does Austin mean by unrestricted in point of disposition?	Owner may freely dispose of the thing according to his will.
What does Austin mean by unlimited in point of duration?	Owner’s right ordinarily continues for unlimited duration unless law provides otherwise.
What kind of right is Ownership according to Austin?	Ownership is a right in rem.
Against whom is Ownership enforceable as a right in rem?	It is enforceable against the world at large.
What duty lies upon every other person regarding owner’s enjoyment?	Every other person is under general duty not to interfere.
In reference to what things is Ownership generally used?	Ownership is generally used in reference to corporeal things.
Can Ownership extend to incorporeal rights also?	Yes, in wider sense Ownership may extend to incorporeal rights.
How does Thomas Erskine Holland define Ownership?	Ownership is a plenary control over an object.
What does the term plenary signify in Holland’s definition?	Plenary signifies full, complete and comprehensive control.
What is Ownership according to Holland in effect?	Ownership is the most extensive dominion exercisable over a thing subject to law.
How does George W. Keeton define Ownership?	Ownership is the ultimate right to the enjoyment of a thing.
What does the word ultimate indicate in Keeton’s definition?	It indicates that Ownership is the highest and residuary legal claim in respect of property.
Can subordinate interests exist according to Keeton?	Yes, subordinate interests may exist temporarily.
With whom does ultimate legal enjoyment remain according to Keeton?	It remains with the owner.
How does John Salmond define Ownership?	Ownership denotes the relationship between a person and a right vested in him.
What is the nature of Salmond’s definition of Ownership?	Salmond’s definition is abstract and juristic in nature.
What does Salmond emphasise in Ownership?	He emphasises that Ownership is a legal relation between owner and aggregate of rights vested in him.
Does Salmond treat Ownership as merely physical relation with thing?	No, he treats it as legal entitlement rather than mere physical relation.
What conception does Salmond shift Ownership towards?	He shifts Ownership from material object to legal entitlement.

ATTRIBUTES OF OWNERSHIP
What are the three attributes of Ownership?	Indefinite User, Unrestricted Disposition and Unlimited Duration.
What is meant by Indefinite User?	Indefinite User means the owner is free to use or even misuse the thing in any manner subject to legal restrictions.
Is the owner’s freedom of user absolute under Indefinite User?	No, it is subject to certain restrictions of law.
What is meant by Unrestricted Disposition?	Unrestricted Disposition means the owner has unrestricted right to dispose of the thing in any manner he likes.
What necessary incident of Ownership is reflected by Unrestricted Disposition?	The right of alienation.
What is meant by Unlimited Duration?	Unlimited Duration means the right of ownership is unlimited in point of duration.
How long does the right of Ownership exist under Unlimited Duration?	It exists so long as the owner and the thing exist.

TYPES OF OWNERHSIP
What is the subject matter of Kinds of Ownership?	Kinds of Ownership relate to the various juridical classifications of ownership.
Into how many kinds is Ownership classified here?	Ownership is classified into six kinds.
What are the six kinds of Ownership?	Corporeal and Incorporeal, Sole and Co-ownership, Trust and Beneficial, Legal and Equitable, Vested and Contingent, Absolute and Limited Ownership.
What is Corporeal Ownership?	Ownership of a material or physical object is called Corporeal Ownership.
What is Incorporeal Ownership?	Ownership of a right or intangible interest is called Incorporeal Ownership.
Give examples of Corporeal Ownership.	Ownership of house, land, table or machine.
Give examples of Incorporeal Ownership.	Ownership of copyright, patent, trademark or easement.
Why are corporeal things called corporeal?	Because they are tangible and capable of being seen and touched.
Why are incorporeal things called incorporeal?	Because they are intangible legal rights not perceived by senses.
What is Sole Ownership?	Sole Ownership is when ownership is vested in one single person.
What is Co-ownership?	Co-ownership is when ownership is vested in two or more persons simultaneously.
Give an example of Co-ownership.	Members of a partnership firm are co-owners of partnership property.
Into what kinds may Co-ownership be further divided?	Ownership in Common and Joint Ownership.
What is Ownership in Common?	Ownership in Common is where share of each owner is inheritable.
What happens on death of co-owner in Ownership in Common?	His interest passes to his legal successor.
What is Joint Ownership?	Joint Ownership is where right of survivorship operates among joint owners.
What happens on death of joint owner in Joint Ownership?	His ownership extinguishes and surviving owner becomes sole owner.
What is Trust Ownership?	Trust Ownership is ownership of trustee who holds property under obligation for benefit of another.
Who is the person holding property in Trust Ownership called?	Trustee.
What is Beneficial Ownership?	Beneficial Ownership is ownership of beneficiary for whose benefit property is held.
Who enjoys beneficial ownership?	The Beneficiary.
What is the relation between Trust and Beneficial Ownership?	Legal control remains with trustee while beneficial enjoyment belongs to beneficiary.
What is Legal Ownership?	Legal Ownership is ownership recognised by strict rules of common law and ordinary legal courts.
What is Equitable Ownership?	Equitable Ownership is ownership recognised on principles of fairness, justice and conscience.
Can legal title and equitable claim vest in different persons?	Yes, one may have legal title while another has equitable claim.
What is Vested Ownership?	Vested Ownership is ownership where title is already complete and perfect.
Is Vested Ownership dependent on future condition?	No, it is not dependent on any future condition.
What is Contingent Ownership?	Contingent Ownership is ownership capable of becoming perfect on fulfillment of specified condition.
How may Vested and Contingent Ownership be contrasted?	Vested Ownership is complete while Contingent Ownership is conditional or incomplete.
What is Absolute Ownership?	Absolute Ownership is when all rights of possession, enjoyment, use and disposal vest without restriction.
What is Limited Ownership?	Limited Ownership is ownership subject to restrictions regarding user, duration or disposal.
How may Absolute and Limited Ownership be contrasted?	Absolute Ownership confers fullest dominion whereas Limited Ownership confers restricted dominion.

GANDHIAN CONCEPT OF OWNERSHIP
Through which theory did Mahatma Gandhi give social and ethical dimension to Ownership?	Through the theory of Trusteeship.
How did Gandhi view ownership in relation to individual benefit?	Ownership does not exist merely for individual benefit or selfish enjoyment.
How should a person owning property regard himself according to Gandhi?	He should regard himself only as a trustee holding property for benefit of society.
For whose benefit should property be held under Gandhian theory?	For the benefit of society as a whole.
How is ownership vested in a person according to Gandhi?	It is vested not for unrestricted personal exploitation but for use conducive to public good and social welfare.
Which conception of property did Gandhi reject?	Gandhi rejected the purely individualistic and absolute conception of property.
What did Gandhi substitute in place of absolute property concept?	A socially responsible concept of ownership.
Does Gandhian philosophy find reflection in present Indian legal system?	Yes, Gandhian philosophy finds reflection in present Indian legal system.
Can any person claim completely absolute ownership over property under modern Indian law?	No, proprietary rights are subject to numerous statutory restrictions.
Why are proprietary rights restricted under Indian law?	In the larger public interest.
Which laws substantially limit owner’s unrestricted dominion?	Ceiling laws, rent control laws, company regulations, land reform enactments and other welfare legislations.
What is the modern trend regarding Ownership in India?	Ownership is treated not merely as private right but as a social institution burdened with obligations towards community.

POSSESION
How is Possession regarded in jurisprudence and property law?	Possession is regarded as one of the most fundamental concepts.
What does Possession denote?	Possession denotes the factual control or physical relation of a person with a thing.
Why is Possession regarded as the most basic relation between man and material objects?	Because use, enjoyment and consumption of things become possible only through possession.
What legal value does law attach to Possession?	Law attaches strong evidentiary value to Possession.
What is Possession prima facie evidence of?	Possession is prima facie evidence of Ownership.
Under which section of the Bhartiya Sakshya Adhiniyam, 2023 linked with presumption of ownership?	Under Section 113 of the Bhartiya Sakshya Adhiniyam, 2023.
On whom lies burden of proving non-ownership when a person is in possession?	It lies on the person who disputes his ownership.
What is the ordinary presumption of law regarding possessor?	The possessor of a thing is presumed to be its owner unless better title is proved.
Is Possession merely a physical fact?	No, Possession is also a legally significant condition.
Why would organised society be impossible without Possession?	Because human life depends on possession and use of material things.
Which necessities become socially meaningful only through Possession?	Food, shelter, clothing, land and tools.
How does jurisprudence treat Possession in proprietary relations?	As the earliest and most practical basis of proprietary relations.
How may Possession be finally understood?	Possession is the immediate physical control or occupation of a thing recognised by law with legal consequences.

KINDS OF POSSESSION
Into how many kinds may Possession broadly be divided?	Possession may broadly be divided into two kinds.
What are the two kinds of Possession?	Possession in Fact and Possession in Law.
What is Possession in Fact also called?	De Facto Possession.
What is Possession in Law also called?	De Jure Possession.
What does Possession in Fact indicate?	Possession in Fact indicates physical control of a person over a thing.
What does Possession in Fact refer to?	It refers to the actual factual relation between a person and the object possessed.
When is a person said to have De Facto Possession?	When he has physical dominion over a thing and can deal with it as his own.
Can all things become objects of Possession?	No, things over which physical control is impossible cannot ordinarily become objects of possession.
Give examples of things which cannot ordinarily become objects of Possession.	Sun, moon or stars.
Must physical control always be continuous and uninterrupted for Possession?	No, physical control need not always be continuous and uninterrupted.
Can Possession continue despite temporary relinquishment of manual control?	Yes, if the person remains in position to resume control in normal course.
Does a person lose possession of coat by removing it temporarily?	No, he does not lose possession of it.
What additional practical capacity should possessor ordinarily have?	He should have practical capacity to exclude others from interference.
What does Possession in Law mean?	Possession in Law means possession recognised and protected by law.
What does legal system confer in Possession in Law?	It confers certain rights upon the possessor.
Against what does law safeguard Possession in Law?	Against unlawful interference.
How does law protect possession against wrongful disturbance?	By penalising wrongdoers or compelling payment of damages or restoration of possession.
What is the distinction between Possession in Fact and Possession in Law?	Possession in Fact is physical dominion, whereas Possession in Law is physical dominion with legal protection.

SAVIGNY THEORY OF POSSESION
What is the subject matter of Savigny’s Theory of Possession?	Savigny’s Theory of Possession relates to the classical concept that possession consists of Corpus and Animus.
Who propounded the classical theory of possession?	Friedrich Carl von Savigny propounded the classical theory of possession.
How many essential elements of possession were stated by Savigny?	Two essential elements were stated by Savigny.
What are the two essential elements of possession according to Savigny?	Corpus Possessionis and Animus Possessionis.
What must coexist according to Savigny before a person can have legal possession?	Both physical and mental elements must coexist.
What is Corpus Possessionis?	Corpus Possessionis means effective physical control over the thing.
What does Corpus Possessionis signify in other words?	Exclusive use of the object together with capacity to eliminate interference of others.
What are the two implications of Corpus according to Savigny?	Physical relation to object and ability to exclude others from disturbing control.
What is the first implication of Corpus?	The possessor’s actual dominion or control over the object.
What is the second implication of Corpus?	The possessor’s relation to rest of world through ability to exclude others.
What kind of element is Corpus in possession?	Corpus is the external and material element of possession.
What is Animus Possessionis?	Animus Possessionis means intention to hold the thing as owner.
What is Animus Possessionis technically known as?	Animus Possidendi.
What kind of element is Animus in possession?	Animus is the mental or subjective element in possession.
Is mere physical custody enough to constitute possession according to Savigny?	No, mere physical custody is not enough.
What additional requirement is necessary besides physical custody?	Intention to exercise control over the thing on one’s own behalf.
Why does a servant or agent not have legal possession according to Savigny?	Because though having physical custody he lacks animus possidendi.
What is true possession according to Savigny?	True possession is combination of Corpus and Animus.
How may Savigny’s true possession be finally stated?	Effective physical control coupled with possessory intention.

HENRY MAINE VIEW ON POSSESSION
What is the subject matter of Henry Maine’s View on Possession?	Henry Maine’s View on Possession relates to the development of possession from mere physical contact to physical control plus intention.
What did Henry Maine point out regarding early stages of law?	In early stages of development of law, physical contact was deemed necessary to constitute legal possession.
How was a person considered possessor in primitive society?	A person was considered possessor because he had direct physical hold over the object.
What was realised with advancement of legal thought regarding possession?	Possession does not mean mere physical control alone.
What additional element was realised to be necessary in possession?	The intention to possess the thing to the exclusion of others.
What does possession include according to Henry Maine?	Possession includes factual element of control and mental element of possessory intention.

IHERING THEORY OF POSSESSION
What is the subject matter of Ihering’s Theory of Possession?	Ihering’s Theory of Possession relates to the practical concept that possession is mainly based on visible physical control.
Who propounded Ihering’s Theory of Possession?	Rudolf von Ihering propounded Ihering’s Theory of Possession.
What did Ihering state regarding a person appearing like an owner?	Whenever a person appears like an owner in relation to a thing, he has possession unless denied by rules of law.
On what may possession be denied according to Ihering?	Possession may be denied by rules of law based on practical convenience.
How was Ihering’s approach different from Savigny?	Ihering adopted a more practical approach and did not insist on animus as indispensable element.
Did Ihering insist upon animus as an indispensable element of possession?	No, Ihering did not insist upon animus as indispensable.
Why did Ihering attach greater importance to visible control?	Because in majority of cases person holding property would normally be its owner.
Why did Ihering avoid difficult inquiry into mental intention?	Because law should rely on practical visible facts rather than difficult mental investigation.
From what standpoint did Ihering consider possession?	From the standpoint of social convenience and legal protection.
How is possession established according to Ihering?	Possession is established substantially by physical control.
What does law presume from physical control according to Ihering?	Law presumes possessory intention from such control unless circumstances show otherwise.

CLASSIFICATION OF POSSESSION
What is the subject matter of Kinds of Possession?	Kinds of Possession relate to the juridical classifications of possession into different forms.
Into how many kinds is Possession classified here?	Possession is classified into three kinds.
What are the three kinds of Possession mentioned here?	Corporeal and Incorporeal Possession, Mediate and Immediate Possession, and Adverse Possession.
What is Corporeal Possession?	Corporeal Possession means possession in relation to material or tangible things.
Give examples of Corporeal Possession.	Land, house, building, furniture, watch, book etc.
Is actual continuous use always necessary for retaining Corporeal Possession?	No, actual continuous use is not always necessary.
Can a person retain possession of watch kept locked for years?	Yes, he is still deemed to be in possession of it.
What is Incorporeal Possession?	Incorporeal Possession means possession of immaterial or intangible things.
Give examples of Incorporeal Possession.	Right of way, copyright or other legal rights.
What is generally essential for maintaining Incorporeal Possession?	Actual continuous use and enjoyment are generally essential.
What is Mediate Possession?	Mediate Possession is possession retained through some mediator, agent, servant or manager.
Does owner physically hold thing in Mediate Possession?	No, owner does not physically hold the thing himself.
Give example of Mediate Possession.	Book purchased through agent or servant remains in owner’s mediate possession.
How many persons may be connected with same object in Mediate Possession?	Two persons may be connected with same object at same time.
What is Immediate Possession?	Immediate Possession means possession directly held by the person himself.
What is another name of Immediate Possession?	Direct Possession.
Give example of Immediate Possession.	When a person purchases and holds a book himself.
What is Adverse Possession?	Adverse Possession means hostile possession by a person against the true owner.
How does Adverse Possession generally begin?	A person initially holds land on behalf of another and later sets up his own hostile claim.
What happens if Adverse Possession continues for statutory period?	Title of true owner is extinguished and possessor acquires ownership.
What are the essential elements of Adverse Possession?	Continuity of possession, adequate publicity or openness, and peaceful uninterrupted possession for prescribed period.

MODES OF ACQUISATION OF POSSESION
In how many ways may Possession be acquired here?	Possession may be acquired in three ways.
What are the three Modes of Acquisition of Possession?	By Taking, By Delivery and By Operation of Law.
What is meant by acquisition of possession by Taking?	Taking means acquisition of possession without consent of previous owner or possessor.
Can taking be rightful or wrongful?	Yes, taking may be rightful or wrongful depending on circumstances.
Is it necessary that thing taken must already be in possession of previous owner?	No, it is not necessary.
Can possession be acquired by taking an ownerless thing?	Yes, possession may be acquired by taking an ownerless thing.
What is a thing belonging to nobody called?	Res Nullius.
What does Res Nullius mean?	A thing belonging to none.
How may possession be acquired under Taking finally?	By simply taking control of ownerless object or without consent.
What is acquisition of possession by Delivery?	It is acquisition of possession with consent or cooperation of previous owner or possessor.
How does possession pass in Delivery?	Possession passes voluntarily from one person to another.
What are the two forms of Delivery?	Actual delivery and Constructive delivery.
What is Actual Delivery?	Physical handing over of the object.
What is Constructive Delivery?	Transfer of control without physical handing over.
What is Delivery finally?	Delivery is a consensual transfer of possession.
What is acquisition of possession by Operation of Law?	It is possession obtained through legal rules.
Is physical taking necessary in acquisition by Operation of Law?	No, physical taking is not necessary.
Is voluntary delivery necessary in acquisition by Operation of Law?	No, voluntary delivery is not necessary.
Give examples of acquisition by Operation of Law.	Inheritance, court orders, statutory provisions or legal presumptions.
How may law confer possession in this mode?	Law itself places a person in possession irrespective of direct physical transfer.

DIFFERENCE BETWEEN OWNERSHIP AND POSSESSION
What is the subject matter of Difference Between Ownership and Possession?	Difference Between Ownership and Possession relates to the distinction between legal title and factual control.
Are Ownership and Possession identical concepts?	No, Ownership and Possession are closely related but not identical.
How did Henry Maine distinguish Possession and Ownership?	Possession is de facto exercise of a claim whereas Ownership is de jure.
What does de facto indicate in Possession?	It indicates actual factual control.
What does de jure indicate in Ownership?	It indicates legal title.
How did Rudolf von Ihering distinguish Possession and Ownership?	Possession is a fact but Ownership is a right.
What does Possession denote according to Ihering?	Physical dominion over a thing.
What does Ownership denote according to Ihering?	Legal authority over a thing.
How is Possession generally regarded in relation to Ownership?	Possession is regarded as external evidence of Ownership.
What is legal presumption regarding possessor of property?	Possessor is generally presumed to be owner unless better title is proved.
Can long possession mature into Ownership?	Yes, long continuous possession may mature into ownership through adverse possession.
How did John Salmond distinguish Ownership from Possession?	Claim recognised and protected by law is Ownership, while Possession is exercised without such complete recognition.
How did Dr. Sethna describe relationship between Ownership and Possession?	Relationship is same as that of body and soul.
What does Possession give to Ownership according to Dr. Sethna?	Possession gives visible form to Ownership.
What does Ownership give to Possession according to Dr. Sethna?	Ownership gives legal substance to Possession.
Can there be Ownership without Possession?	Yes, where owner has legal title but another physically holds the thing.
Can there be Possession without Ownership?	Yes, where tenant, bailee or finder has possession but not ownership.

LANDMARK CASES ON POSSESSION
What is the subject matter of Important Cases on Possession?	Important Cases on Possession relate to leading judicial decisions explaining principles of possession.
Which case established possessory rights of finder of lost goods in public place?	Bridges v. Hawkesworth.
What were the facts in Bridges v. Hawkesworth?	A customer found parcel of bank notes on floor of a shop and handed them to shopkeeper.
Between whom did dispute arise in Bridges v. Hawkesworth?	Between the finder and the shopkeeper.
Who was held entitled to possession in Bridges v. Hawkesworth?	The finder was entitled to possession against all except true owner.
Why was finder preferred in Bridges v. Hawkesworth?	Because shop was public place and notes were not in custody of shopkeeper.
What principle was established in Bridges v. Hawkesworth?	Finder of lost goods in public place acquires possessory rights.
Which case illustrates requirement of effective control in possession?	R v. Riley.
What were the facts in R v. Riley?	A person marked another’s lamb with his own mark intending to assert possession.
What did court hold in R v. Riley?	Possession depends on effective control with intention and not mere physical touching.
Was mere temporary handling sufficient in R v. Riley?	No, mere temporary handling was not sufficient.
Which case shows that actual manual control is not always necessary?	R v. Harding.
What were the facts in R v. Harding?	The accused took fish from a net belonging to another.
What did court hold in R v. Harding?	Owner retained possession because he had sufficient control through the net.
What principle was established in R v. Harding?	Actual hand-to-hand custody is unnecessary if effective dominion exists.
Which case highlights importance of animus or possessory intention?	R v. Ashwell.
What were the facts in R v. Ashwell?	Money was handed over by mistake and later dishonestly appropriated.
What did court hold in R v. Ashwell?	Wrongful possession arose when dishonest intention was formed after receiving money.
Which case established that possession may not extend to unknown concealed articles?	Merry v. Green.
What were the facts in Merry v. Green?	A person purchased bureau and later discovered hidden money inside it.
What did court hold in Merry v. Green?	Possession of bureau did not automatically mean possession of hidden contents.
Why was possession denied over hidden money in Merry v. Green?	Because buyer had no knowledge of concealed articles.
Which case supports that physical contact is not indispensable for possession?	R v. Moore.
What were the facts in R v. Moore?	Coal was loaded into wagons and issue arose regarding owner’s possession.
What did court hold in R v. Moore?	Possession may continue without direct manual contact so long as effective control exists.

LEGAL PERSONALITY
What is the subject matter of Legal Personality?	Legal Personality relates to recognition of entities as persons capable of legal rights and duties.
How many types of persons does law generally recognise?	Law generally recognises two types of persons.
What are the two types of persons recognised by law?	Natural Persons and Artificial Persons.
Who are Natural Persons?	Natural Persons are human beings capable of having legal rights and duties.
Why are Natural Persons capable of rights and duties?	By virtue of their existence as members of society.
Who are Artificial Persons?	Artificial Persons are beings other than human beings recognised by law as capable of rights and duties.
Are Artificial Persons natural human entities?	No, they are not natural human entities.
Why does law treat Artificial Persons as persons?	For certain legal purposes.
What is one of the most commonly recognised Artificial Persons?	A corporation.
What legal capacities may a corporation possess?	It may sue and be sued, own property and enter into legal relations in its own name.
What is legal or juristic personality?	It is the wider concept including human beings as well as non-human entities recognised by law.
Which non-human entities may be included in legal personality?	Corporations, idols, deities, institutions and in some cases gods or angels.
When does law attribute legal rights and obligations to such non-human entities?	Whenever law finds it convenient to do so.

DEFINITION
What is the subject matter of Definition of Legal Person?	Definition of Legal Person relates to the juristic meaning of person as subject of rights and duties.
How does John Chipman Gray define a person?	A person is an entity to which rights and duties may be attributed.
Who is a person in the eye of law according to Gray?	Any being capable of holding a right or bearing a duty.
Is a legal person necessarily a human being according to Gray?	No, it may be human or non-human.
How does G. W. Paton explain legal personality?	Legal personality is a medium through which units are created in whom rights vest and duties are imposed.
What does Paton treat legal personality as?	A legal device by which law recognises entities as subjects of legal relations.
Is a juristic person necessarily a human being?	No, a juristic person is not necessarily a human being.
What may a juristic person be apart from human being?	It may be a thing, a mass of property or a group of human beings.
Why does law attribute personality to such entities?	For conferring legal rights and obligations.
What is a legal person finally?	Any entity recognised by law as capable of being subject of rights and duties.

LEGAL STATUS OF UNBORN PERSON
What is the subject matter of Legal Status of Unborn Person?	Legal Status of Unborn Person relates to the limited legal personality granted to a child in mother’s womb.
Does law recognise an unborn child as legal person?	Yes, by legal fiction law attributes limited legal personality to an unborn child.
When is a child in mother’s womb treated as already born?	For certain beneficial purposes and protection of his interests.
Can gift or property be made in favour of unborn child?	Yes, gift or property may validly be made in favour of child in mother’s womb.
Are rights of unborn child absolute from beginning?	No, such rights are contingent in nature.
On what do the rights of unborn child depend?	They depend upon the child taking birth alive.
What happens if the child is not born alive?	His share devolves upon the surviving heirs.
Does Indian criminal law protect unborn child?	Yes, Indian criminal law protects interests of unborn child.
Under which sections are acts causing miscarriage or injury to unborn child punishable?	Under Sections 88, 89 and 92 of BNS.
When do contingent rights of unborn child become fully vested?	Upon live birth.
Which case recognised legal protection of unborn child injured in womb?	Montreal Tramways Co. v. Leveille (1933).
What was recognised in Montreal Tramways Co. v. Leveille?	Legal recognition was extended for protecting rights of child who was in womb at time of injury.

LEGAL STATUS OF DEAD PERSON
What is the subject matter of Legal Status of Dead Man?	Legal Status of Dead Man relates to the limited recognition given by law to the dignity of a deceased person.
What is John Salmond’s view regarding dead men?	Dead men are no longer persons in the eyes of law.
Do dead men continue to have rights according to Salmond?	No, they cease to have rights because they cease to have interests.
Do dead men have duties according to Salmond?	No, they do not have duties.
Is a dead man’s corpse property in the eyes of law according to Salmond?	No, a dead man’s corpse is not property in the eyes of law.
What did the Supreme Court hold in Ashray Adhikar Abhiyan v. Union of India?	Even a homeless person found dead on the road has a right to decent burial or cremation according to his religious faith.
What constitutional value was recognised in Ashray Adhikar Abhiyan case?	The dignity and fair treatment of the dead body was recognised under law.
What conclusion emerges regarding legal status of dead man?	Though a dead man ceases to be a full legal person, law still protects the dignity and decent disposal of his mortal remains.

LEGAL STATUS OF IDOL, MATH AND MOSQUE
What is the subject matter of Legal Status of Idol, Math and Mosque?	It relates to the juristic personality recognised by law in respect of certain religious institutions.
Is an Idol recognised as a juristic person?	Yes, an Idol is judicially recognised as a juristic person.
Can an Idol hold property in its own name?	Yes, an Idol can hold property in its own name.
To whom is legal position of Idol similar?	It is similar to that of a minor.
Who acts as guardian of Idol?	The priest or pujari acts as guardian.
Which case held that an Idol is a juristic person?	Pramatha Nath Mullick v. Pradyumna Kumar Mullick.
What did Supreme Court hold in Deoki Nandan v. Murlidhar?	Property of Hindu temple or idol vests in the idol itself while management vests in shebait.
What did Supreme Court hold in Krishna Singh v. Mathura regarding Math?	A Math is a religious institution sui generis.
What is the presiding element of a Temple?	The deity.
What is the presiding element of a Math?	The Mahant.
To what is property of Math attached?	Property of Math is attached to office of the Mahant.
How does property of Math pass?	It passes by succession to person lawfully fulfilling office of Mahant.
Did Lahore High Court recognise Mosque as juristic person?	Yes, in Maula Bux v. Hafizuddin (1925) mosque was held capable of being sued.
What contrary view was taken in Masjid Shahid Ganj Case (1940)?	Privy Council held that mosque is not an artificial person in eyes of law.
Can suit ordinarily be brought by or against mosque according to Privy Council?	No, no suit can ordinarily be brought by or against it.

LEGAL STATUS OF GURU GRANT SAHIB
Which case recognised Guru Granth Sahib as a legal person?	Shiromani Gurudwara Prabandhak Committee v. Somnath Das.
What did the Supreme Court rule in Shiromani Gurudwara Prabandhak Committee v. Somnath Das?	Guru Granth Sahib is a legal person.
Did the Court treat Gurudwara and Guru Granth Sahib as separate legal entities?	No, the Court held they are not two separate legal entities.
Why are Gurudwara and Guru Granth Sahib not separate legal entities?	Because existence of Gurudwara is due to installation of Guru Granth Sahib as its nucleus.
What constitutes the spiritual center of every Gurudwara?	Guru Granth Sahib.
Did Supreme Court place Guru Granth Sahib on same footing as Quran, Bible, Ramayan or Bhagavad Gita?	No, it held Guru Granth Sahib stands on altogether different footing.
Are Holy Quran, Bible, Ramayan or Bhagavad Gita treated as juristic persons?	No, those scriptures are not treated as juristic persons in law.
Why was Guru Granth Sahib treated as a legal person?	Because it is worshipped and revered as the Guru by Sikh community.
How did the Court describe Guru Granth Sahib in relation to Gurudwara?	It is the soul and heart of every Gurudwara.

DOUBLE CAPACITY DISTINGUISHED FROM DOUBLE PERSONALITY
Can a man possess two or more legal capacities?	Yes, a man may possess two or more legal capacities.
Does possession of two legal capacities mean two separate legal personalities?	No, it does not mean two separate legal personalities.
How is Double Capacity different from Double Personality?	Double Capacity means acting in different legal roles, while legal personality remains one.
Does a person’s legal personality divide because he acts in different roles?	No, his legal personality remains one and indivisible.
Give an example of Double Capacity.	A director of a company may simultaneously be a trustee of a trust.
Does such a director-trustee have double personality?	No, he only functions in two distinct legal capacities.
Does English law recognise concept of Double Personality in such cases?	No, English law does not recognise double personality.
Can a person ordinarily enter into legal transaction with himself?	No, a person cannot ordinarily enter into legal transaction with himself.
Can a person sue himself or contract with himself merely due to different capacities?	No, he cannot sue or contract with himself merely because he occupies two capacities.

KINDS OF LEGAL PERSONS
What is the subject matter of Kinds of Legal Persons?	Kinds of Legal Persons relate to the two categories of persons recognised by law.
How many kinds of persons does law recognise?	Law recognises two kinds of persons.
What are the two kinds of persons recognised by law?	Natural Persons and Legal Persons.
Who is a Natural Person?	A Natural Person is a living human being ordinarily capable of holding rights and duties.
Do all living human beings enjoy same extent of legal personality?	No, all living human beings do not enjoy same extent of legal personality.
What was the historical position of slaves regarding legal personality?	Slaves were denied independent rights and duties.
What kind of legal personality do lunatics and infants possess?	They possess only restricted legal personality.
Why do lunatics and infants possess restricted legal personality?	Because they are limited in exercise of civil rights like voting, contracting or managing property.
Who are Legal Persons?	Legal Persons are artificial creations of law.
What is meant by Legal Person?	Any subject matter to which law attributes legal personality and imposes rights and duties.
On what basis can legal personality be conferred on non-human entities?	Since legal personality is creation of law, it is conferred whenever legally convenient.

CORPORATE PERSONALTY AND ITS NATURE
What is the subject matter of Corporate Personality and its Nature?	Corporate Personality relates to the separate legal existence of a corporation as an artificial person.
Is Corporate Personality a creation of law?	Yes, Corporate Personality is a creation of law.
Is legal personality of corporation recognised in English and Indian law?	Yes, it is recognised in both English and Indian law.
What is a Corporation in legal sense?	A Corporation is an artificial person capable of having rights, duties and property in its own name.
What are the individuals forming the corpus of corporation called?	They are called its members.
Is the corporation legally identical with its members?	No, the corporation is legally distinct from its members.
What does corporation possess independent of members?	It possesses a legal personality of its own.
Can a corporation sue and be sued in its own name?	Yes, a corporation can sue and be sued in its own name.
Is corporation dependent on shareholders for its legal existence?	No, it is independent of shareholders or members.
Does corporation end with death or retirement of members?	No, corporation does not end with death, insolvency or retirement of members.
What principle allows corporation to continue despite change in members?	Perpetual succession or perpetual existence.
Why does law provide special procedure for winding up corporation?	Because corporation is treated as a separate legal entity.

KINDS OF CORPORATIONS
What are the two kinds of Corporations generally recognised?	Corporation Aggregate and Corporation Sole.
What is a Corporation Aggregate?	A Corporation Aggregate is an association of human beings united for forwarding common interests and recognised as one legal entity.
What is the best example of Corporation Aggregate?	A limited company.
Does a company have independent legal existence?	Yes, a company has legal existence distinct from its members or shareholders.
Does death or insolvency of members end the company?	No, death, insolvency or retirement of members does not bring corporation to an end.
Why does company continue despite change in members?	Because corporate body continues to exist in eyes of law.
Is a partnership firm regarded as corporation in strict legal sense?	No, partnership firm is not regarded as corporation in strict legal sense.
Why is partnership firm not a strict corporation?	Because property and liabilities of firm are actually those of existing partners.
Can there be a one man firm?	No, there cannot be a one man firm.
Can there be a one man company?	Yes, there can be a one man company.
Which leading case established principle of corporate personality?	Salomon v. Salomon & co. (1897)
What was held in Salomon v. Salomon & Co.?	Shareholder cannot be personally held liable because company is separate legal person.
Does holding almost entire share capital destroy separate personality of company?	No, company remains distinct from its members even then.
What is a Corporation Sole?	A Corporation Sole is an incorporated series of successive persons.
How many persons does Corporation Sole consist of at a time?	It consists of a single person at a time.
Is legal personality attached to natural individual in Corporation Sole?	No, legal personality is attached to the public office held by him.
Why is legal personality attached to office and not person?	So that office may continue to have perpetual legal existence despite death or replacement.
What kind of offices generally constitute Corporation Sole?	Holders of public offices recognised by law as corporations.
Give examples of Corporation Sole.	Postmaster General, Public Trustee, Comptroller and Auditor General of India, President of India and the Crown in England.
What continuity is ensured by Corporation Sole?	Continuity of rights, duties and property attached to office irrespective of changing natural holders.

LIFTING OF CORPORATE VEIL
What is the subject matter of Lifting of Corporate Veil?	Lifting of Corporate Veil relates to disregarding separate corporate personality to discover real persons behind company.
When is the doctrine of Lifting of Corporate Veil applied?	When legal entity of company is used for fraudulent, dishonest or improper purposes.
Why are individuals not allowed to take shelter behind company in such cases?	Because court will not permit misuse of separate corporate personality.
What does the court do by lifting the corporate veil?	The court breaks through corporate shell and disregards artificial legal personality.
Why does court disregard artificial legal personality?	To ascertain true character, controlling persons and economic realities behind company.
What is the first circumstance for lifting corporate veil?	Fraudulent or improper conduct by using corporate personality.
Which case illustrates lifting veil for fraudulent conduct?	Jones v. Lipman.
What is the second circumstance for lifting corporate veil?	When company is merely an agency or instrumentality.
Which Supreme Court case examined company as instrumentality of State?	Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly.
What is the third circumstance for lifting corporate veil?	When company engages in activities against public policy.
Which case illustrates lifting veil for public policy?	Connors Brothers v. Connors.
What is the fourth circumstance for lifting corporate veil?	To determine real character, nationality or status of company.
Which case illustrates lifting veil to determine nationality?	Daimler Co. Ltd. v. Continental Tyre and Rubber Co.
What is the fifth circumstance for lifting corporate veil?	Evasion of taxes or duties.
Which case illustrates lifting veil for tax evasion?	In re Sir Dinshaw Manakjee Petit.
What is the sixth circumstance for lifting corporate veil?	Formation of company merely to avoid or reduce payment of bonus to workers.
Which case illustrates lifting veil in labour bonus evasion?	Workmen of Associated Rubber Industries Ltd., Bhavnagar v. Associated Rubber Industries, Bhavnagar.
What is the seventh circumstance for lifting corporate veil?	In quasi-criminal cases relating to companies.
Which case illustrates lifting veil in quasi-criminal matters?	Delhi Development Authority v. Skipper Construction Company Pvt. Ltd.
What is the purpose of doctrine of Lifting of Corporate Veil?	It serves as judicial safeguard to prevent misuse of corporate personality.

THEORIES OF CORPORATE PERSONALITY
What is the subject matter of Theories of Corporate Personality?	Theories of Corporate Personality relate to juristic explanations of how corporations acquire legal personality.
How many major theories of Corporate Personality are mentioned here?	Five major theories are mentioned here.
What are the five theories of Corporate Personality?	Fiction Theory, Realist Theory, Bracket Theory, Concession Theory and Purpose Theory.
What is the first theory of Corporate Personality?	Fiction Theory.
Who mainly expounded the Fiction Theory?	Friedrich Carl von Savigny, John Salmond, Edward Coke, William Blackstone and Thomas Erskine Holland.
What does Fiction Theory say about corporate personality?	Corporation has no real natural personality but is clothed with legal personality by law.
Is corporate personality artificial under Fiction Theory?	Yes, it is artificial and distinct from members.
Does change in membership affect corporation under Fiction Theory?	No, change in membership does not affect continuity or unity.
What is the second theory of Corporate Personality?	Realist Theory.
Who founded the Realist Theory?	Otto von Gierke.
What does Realist Theory say about corporation?	Corporation has a real mind, real will and real power of action.
Is corporation a mere fiction under Realist Theory?	No, it has real existence as social organism.
Does corporation exist irrespective of State recognition under Realist Theory?	Yes, it exists irrespective of State recognition.
What is the third theory of Corporate Personality?	Bracket Theory.
Who is associated with Bracket Theory?	Rudolf von Ihering.
What does Bracket Theory state?	Only members are real persons but for convenience they are bracketed as one legal unit.
Does corporation have independent soul or will under Bracket Theory?	No, corporation has no independent soul or will apart from members.
What is the fourth theory of Corporate Personality?	Concession Theory.
What does Concession Theory state?	Juristic personality is a concession or privilege granted by the State.
On whom does recognition of legal person depend under Concession Theory?	It depends entirely on discretion of the State.
Which theory closely resembles Concession Theory?	Fiction Theory.
What is the fifth theory of Corporate Personality?	Purpose Theory.
What is the basis of Purpose Theory?	Corporations are treated as persons for certain specific legal purposes.
Why was it necessary to attribute personality to corporations under Purpose Theory?	So that they may hold rights, bear duties and own property.
How is corporate personality viewed under Purpose Theory?	As a legal device adopted to fulfill practical purposes.


PRINCIPLES OF LIABLITY
What is the subject matter of Principles of Liability?	Principles of Liability relate to legal responsibility arising from breach of legal duty.
Why is law necessary in every organised society?	Because law regulates conduct of individuals and maintains social order.
What does law confer and impose upon persons?	Law confers rights and imposes corresponding duties.
When is a legal wrong committed?	When legal rights or legal duties are violated.
What happens to person committing wrongful act or omission?	He becomes answerable in the eye of law.
What is this legal answerability called?	Liability.
How may Liability be simply defined?	Liability is the consequence which follows from breach of legal duty.

DEFINITION
How does John Salmond define Liability?	Liability is a bond of necessity between wrongdoer and remedy of the wrong.
What does Salmond’s definition indicate?	Once wrong is committed law binds wrongdoer with legal consequence.
How does John Austin define Liability?	Liability consists in those things which wrongdoer must do or suffer.
What does Austin emphasise regarding Liability?	It is compulsory burden imposed by sovereign authority.
What is Liability finally?	Liability means legal obligation to suffer punishment, pay compensation or perform act due to breach of duty.
Into how many principal kinds may Liability be divided?	Liability may be divided into two principal kinds.
What are the two principal kinds of Liability?	Civil Liability and Criminal Liability.

CIVIL LIABLITY
What is Civil Liability?	Civil Liability means enforcement of private rights through civil proceedings.
When does Civil Liability arise?	When wrong is committed against private person.
What is object of Civil Liability?	Compensation, restitution or enforcement of civil claim.
What are examples of Civil Liability?	Unpaid debt, wrongful withholding of property, breach of contract or private damage.
What remedies generally result from Civil Liability?	Damages, compensation, injunction or restoration of property.
By which court is Civil Liability determined?	By Civil Court.
Is malicious intention always necessary in Civil Liability?	No, infringement of right itself may incur liability.

CRIMINAL LIABLITY
What is Criminal Liability?	Criminal Liability is liability to be punished in criminal proceedings.
When does Criminal Liability arise?	When wrongful act is offence against society and public order.
Give examples of Criminal Liability offences.	Assault, theft, defamation, cheating, hurt and murder.
What is object of Criminal Liability?	Punishment of offender to maintain peace, discipline and security.
By whom are criminal proceedings instituted?	By the State.
What mental element is generally important in Criminal Liability?	Men’s rea or guilty mind.
What is the main basis of Civil Liability?	Violation of private rights.
What is the main basis of Criminal Liability?	Violation of public rights and social order.
What is result of Civil Liability?	Mainly damages or compensation.
What is result of Criminal Liability?	Punishment.
Who initiates Civil proceedings?	Aggrieved individual.
Who institutes Criminal proceedings?	State.
What is primary importance in Civil Liability?	Wrongful act and resulting injury.
What occupies central place in Criminal Liability?	Mens rea.
Which further doctrines are connected with Principles of Liability?	Penal Liability, Injuria Sine Damnum, Damnum Sine Injuria, Vicarious Liability, Strict Liability, Absolute Liability and Stages of Crime.
What is maxim governing Penal Liability?	Actus non facit reum nisi mens sit rea.
What does this maxim mean?	Act alone does not make man guilty unless mind is also guilty.
What is the concluding importance of Liability?	Liability forms backbone of legal responsibility by attaching consequences to breach of rights and duties.

Download Jurisprudence One Liner Notes PDF